:liii UNIVERSITY OF PITTSBURGH <\\OF'i>, 5. /'•'n«^ ^ LIBRARY Digitized by the Internet Archive in 2009 with funding from University of Pittsburgh Library System http://www.archive.org/details/colonialrecordso01nort THE COLONIAL RECORDS OF NORTH CAROLINA QCo\oo^^ PUBLISHED UNDER THE SUPEEVISION OF THE TRUS- TEES OF THE PUBLIC LIBRARIES, BY ORDER OF THE GENERAL ASSEMBLY COLLECTED AND EDITED V\^ILLIAM L. SAUNDERS SECKETARY OF STATE VOL 1-1662 TO 1712 E ALEIGH P. M. HALE, PRINTER TO THE STATE 1886 c&Y'^ Copjiight, 1886, by William L. Saunders, Secretary of State, for the benefit of the State of North Caroliua. .fRESSBS OF E. M. UZZELL, RALEIGH, N. C, PREFACE. The Records, Documents, &c., entitled The Colonial Records of North Carolina, were prepared for publication under the direction of the Trus- tees of the State Library, and consist almost entirely of transcripts of records, &c., in the offices of the Secretary of State, at Raleigh, and of those in the British Public Record Office in London. The incompleteness of the records in tiie Secretary's office in this State is scarcely credible and at a very early day turned attention to those in London. Of the first fifty years, indeed, no original records scarcely remain in North Carolina except some court records, a few grants, and perhaps a few other papers of no great importance. The records of pro- ceedings of Governor and Council go no further back than 1712, though there were Governors as far back as 1664. The records of Assembly go back only to 1754, with the exception of a mutilated copy of the Journal of the Assembly that met at the house of Capt. John Heckle- field in 1715. There were Legislatures as far back certainly as 1665. The first search made in London for information in regard to North Carolina aifairs was doubtless that made by the historian George Chalmers, who, in 1780, published his Political Annals of the Present United Colo- nies, the fruit of his labors in the British Record Office, to which the offi- cial position he held gave him access. This volume has been the standard authority with all later Carolina historians. Its general accuracy as to matters of fact is by no means perfect, and Mr. Chalmers's bitter preju- dices as a Loyalist render his conclusions utterly unreliable. IV PEEFACE. At a later date, tlie historian Williamson, who desired copies of certain papers in London relating to Carolina, hoped that Mr. Chalmers wonld furnish him therewith or assist him in obtaining them. Mr. Chalmers would do neither, and threatened to interfere if application should be made to the head of the proper department. In this connection, it must be borne in mind that access to the recoi'ds in the British offices could not be had without special permission until a comparatively modern period. But how to account for the utter absence of records in North Carolina ? There could have been no inducement to their destruction, and it follows, therefore, that we must look to natural causes, the want of towns and the consequent lack of known and suitable buildings used as depositories for public records. Experience proves that the most valuable documents, unless put away in such muniment rooms, soon disappear and are lost. The incompleteness of the records in North Carolina continued to be more and more felt until it was determined to perfect them as far as pos- sible. As early as February 9th, 1827, Mr. John Scott, representing the town of Hillsboro in the House of Commons, moved the following resolutions, which were adopted, sent to the Senate, and on the next day there also passed, so far as the records show, without a moment's hesitation or the slightest opposition : " Resohed by the Senate and House of Commons of the General Assem- bly of North Carolina, That his Excellency the Governor of the State be requested to make a respectful application to the British Government for liberty to procure for the use of the State from the office of the Board of Trade and Plantations in Ijondon, copies of such pajiers and documents as relate to the colonial history of North Carolina. " Eesolved further, That the application aforesaid be made through the American INIinister in Ijondon, and that he be requested to lend his aid PREFACE. to carry the foregoing resolution into effect, and obtain for the agent who may be employed in this service the necessary facilities for procuring such copies." Under this resolution, Governor Burton wrote to the Hon. Albert Gal- latin, then American Minister in London, on the snbject. Mr. Gallatin after formal cori'espondence with the British Government obtained, and under date of 25th of August, 1827, forwarded to Governor Burton a list of papers relating to the colonial history of North Carolina then on file in the public offices in London. The documents themselves, however, were not copied, for the reason that it was supposed the entire collection would be obtained by Mr. Peter Force and printed in the American Archive,^. Finally, disappointed in this expectation, the list itself was printed in 1843 l)y oi-der of the Leg- islature. In 1849 the Legislature authorized the Governor to 2>rocure from the public offices in London such documents as were worthy of preservation, to be placed in the archives of the State. In 1855 the Legislature authorized the Governor to appoint an agent to procure these documents, and, in case he found it necessary, to visit Loudon for the purpose. In 1857 the Legislature renewed and continued this authority in the Governor. At the time, however, that Hon. David L. Swain, who had been appointed agent, was ready to begin the work, the i-elations between Great Britain and the United States were so unfriendly that the Hon. James C. Dobbin, then Secretary of the Navy, advised him it was an inauspicious time to ask favors of British officials. This delayed the work. Whv this effort finallv failed is not known. VI PREFACE. In 1859 the Legislature authorized the Governor to make an arrange- ment with Rev. Dr. Francis L. Hawks and Hon, David L. Swain to edit and publish two volumes of the documentary history of North Carolina. In 1861, as if in view of tlie coming war and its possibilities, the Leg- islature, putting out of sight for the first time tlie archives in London, determined to make sure of what it had at home, and directed the prin- cipal records in the Secretary's office to be printed. But it was too late. In 1881 the Legislature passed a resolution, moved and advocated by Hon. Theodore F. Davidson, Senator from the 40th District, now Attorney-General, directing the Trustees of the I^ibraries (the Governor, tlie Secretary of State, and the Superintendent of Public Instruction, being ex ajfido the Trustees) to publisli tlic records and documents then here. In 1883 the Trustees of the Libraries, reporting progress to the Legis- lature, under the Act of 1881, announced that the gaps in the records here were so many and so great that they had determined to print nothing until an appeal had been made to the Legislature i'or authority and assist- ance to procure from London the lacking documents. In response to this appeal, the Legislature passed a resolution author- izing the Trustees of the Library to procure the missing documents. Colonel Samuel McDowell Tate, member of the House of Represen- tatives from tlie county of Burke, and Hon. James L. Robinson, Lieu- tenant-Governor and President of the Senate, being especially instru- mental in securing its adoption. The first step taken under the resolution -was to secure the services of Mr. W. Noel Sainsbury, of the British Record Office, honorary member of the New England, New York, Maryland, Pennsylvania, South Caro- lina, Virginia and other Historical Societies, editor of Chlendar of [British] State. Papers, Colonial Series, &c., &c. PREFACE. VII To the historical student, Mr. Sainsbnry needs no introduction. For the information of others, however, it may, ])erhups, be well cnongh to state that Mr. Bancroft writes that Mr. Sainsbnry is "a veteran in the State Paper, now Record Office, of Great Britain. I have known him for nearly forty years; have employed him very frequently during that time, and have always found him intelligent, accurate, and in every way trustworthy. My own collection of documents is full of copies of State Papers which lie has made for me. Having been so long in service, and so much appealed to by American scholars, he has become thoroughly familiar with the subject, as may be seen from his Colonial Series of State Papers reaching from 1574 to 1668." With such commendation from such a source, every one may feel assured that Mr. Sainsbnry has done his part intelligently, faithfully and thoroughly. His instructions were to do the work so thoroughly and so exhaustively that there would never be need or desire for it to be done over again, and it is believed that we now have copies of all North Caro- lina colonial papers in the British Public Record Office. Upon the undersigned, the execution of the task imposed by the Leg- islature was devolved by his co-trustees, the Public Records here being in his custody, and the duties of his office requiring him as far as possible to have a familiar knowledge of their contents. How he has performed the task thus assigned to him, it is not for him to determine. He can only say, that for near seven years he has devoted himself to it, and that he has done the very best he could, without reward, or the hope of reward, and solely because of the love he bears North Carohna and her people. It is but simple justice to add that the work could not have been begun even without the hearty and cordial cooperation of Governor Jarvis and Hon. John C. Scarborough, Superintendent of Public Instruction, who were his co-trustees at the time of its inception, and that it could not for PREFACE. a moment have been continued without the equally efficient and cordial cooperation of their successors in office, Governor Scales, and Hon. Sidney M. Finger, the present Superintendent of Public Instruction. Thanks for services rendered are especially due to Major Graham Daves, then residing in South Carolina, Hon. S. F. Phillips, of Washington City, Capt. S. A. Ashe, Rev. Jos. Blount Cheshire, Jr., Rev. F. M. Hubbard, D. D., Prof W. J. Rivers, formerly of South Carolina, now of Mary- land, and the Rt. Rev. William Stevens Perry, L.L. D., Bishop of Iowa, the Historiographer of the Protestant Episcopal Church in America. For the very handsome make-up of the volumes, and for help, assist- ance and encouragement, in every way, the undersigned makes especial and personal acknowledgment to his friend Peter M. Hale, the Public Printer. Finally, the undersigned feels it to be a matter of conscience to say also, that to the influence of the late ex-Governor Henry T. Clark, and to that of his old preceptor, the late ex-Governor David L. Swain, so long President of the University of the State, he is indebted for the cul- tivation of a taste that has made bearable the years of sheer drudgery absolutelv necessary to the preparation for publication of The Colonial Records of North Carolina. ' Secretary of State, f Raleigh, 1886. PREFATORY NOTES TO FIRST VOLUME. The first permanent white settlement in North Carolina was made, it may be safely said, to the eastward of the Chowan River, extending in time down to and along Albemarle Sound. Neither its date nor its local- ity may now be fixed with absolnte certainty, but it began, doubtless, before 1060, and probably as early as 1650. The grant to Roger Green, "clarke," in 1653, to be located on the Roanoke River and the south or west side of the Chowan River, as a reward for inducing settlements to be made there, and the absence of such grants on the north or east side, indicate that settlements had pro- gressed on that side without the aid of such inducements. The earliest grant made in North Carolina, of which we have a copy, is now of recoi-d in Penpiimans county, and was made by the King of the Yeopim Indians on the 1st March, 1662, to George Durant, for a tract of land then called Wecocomicke, lying on the Perquimans River and "Roenoke Sound." The place is now known as Duraut's Neck. There was a purchase before that from the King of the Yeopims, for the grant to Durant recites that Wecocomicke adjoined to the eastward the land the King had formerly sold to Samuel Pricklove, but there is neither record nor copy of any grant to Pricklove. There were still other such purchases, for in 1662 purchases made directly from the Indians, it was said, had come to be such an evil in the sight of the government that it was resolved no longer to recognize them. There w^ere purchasers, too, who held their lands under grants from the Governor of Virginia. In- deed, the Assembly, in an address in 1731, asserts that there were so many persons holding lands in Albemarle under Virginia grants prior to March, 1663, that a saving clause in their favor was put in the charter of that date by King Charles. There is certainly a saving clause in the fourth section of the first charter. The Lords Proprietors more than PREFATORY NOTES. once recognized the fact that lands had been purchased from the Indians before the date of their charter, and they distinctly recognized also the fact, not only that a settlement had already been "begann," but that it had progressed far enough to need a fully organized government of its own. It is evident, therefore, that there was a considerable settlement in Albemarle pi-ior to 1663, in which the lands were held, in some cases, by purchase from the Indians, and in others under grants from Virginia; but of the length of time it had been growing nothing definite is known. There is nothing to indicate, however, that it was of ra])id growth. There were, indeed, earlier settlements, or attempts at settlement, but they came to naught ; Raleigh's Roanoke Island Colonies and the New England settlement on the Cape Fear, in 1660, being conspicuous instances of speedy failure, worthy of mention as bald ' historical facts, but without influence or eifect upon the permanent settlement of the colony. The Barbados settlements on the Cape Fear, for there were two of them — but adverse in interest and made under difterent auspices, one in the interests of the "several gentlemen and persons of good quality" who made the proposals contained in the letter 12tli August, 1663, and the other under the auspices of Yeamans — broke uji in the summer or early fall of 1667. The story put forth by Chalmers and repeated by subsequent historians, about the seven years' benign rule of Yeamans, seems to have been pure imagination, for instead of being at Cape Fear, Yeamans wa.s in Barbados holding high official jiositiou there. The statement that the people at Cape Fear followed Yeamans to South Caro- lina is also without foundation. They went up to the Albemarle settle- ment and to Nansemond county in Virginia in part and in part to Bos- ton. In this fact is to be found an easy explanation of the increase at this time of settlers in Albemarle both from New England and from Barbados. The Albemarle settlement, therefore, is the parent settlement of North Carolina, emigration going from it to the southward, from the Chowan to the Roanoke, Maratock or Noratoke, as it is spelled on the old maps, thence to the Pamplico, where, in 1690, a colony of Frenchmen, an PREFATORY NOTES. offshoot of the James River Frencli settlement in Virginia, made a lodg- ment. Then the Neuse River was reaehed, and, on or before 1706, was passed. In 1707, there was another secession from the same James River settlement, and another lodgment of Frenchmen in North Carolina — this time between tlie Nense and the Trent Rivers. In Jannary, 1710, DeGrafFenried and Michel shipped a number of German Palatines to the Neuse. In June of the same year DeGraffen- ried followed them in person with his Switzers. Still creeping along southward, settlers began to find their way once more toward the Cape Fear country. In 1711 they had gone as far south as White Oak River, and in 1713, as far as New River, in the county of Onslow. In 1714, however, the Governor and Council forbade the survey and sale of lands within twenty miles of the Cape Fear, up to the waters of the Trent, This order cut off surveys below the line of the New River settlement. But even worse than this, becanse more general in their character, were the obstacles to settlement arising from the instructions of the Ijords Pro- prietors in the matter of the entry and survey of lands outside of Albe- marle county. For ten years the restrictions on the purchase of lands in tlie county of Bath, then extending from the Pamplico to the South Caro- lina line, were such as to amount to a practical prohibition. The conse- (pience was that new settlers were' prevented from coming in and old ones induced to go away for want of land, until the 17th of April, 1724, when the grievance being no longer bearable, the x\.ssembly petitioned the Governor and Council to devise some way of opening up lands outside of Albemarle to survey and purchase until the will of the Lords Pro- prietors in the premises might be known, and declared it to be their pur- pose to address the Lords Proprietors on the subject. In response to this petition, the Governor and Council, for the reasons set forth therein, and for the further reason that squatters were already going in and settling there without payment of rent or other considera- tion, ordered that lands in Bath county should be open to survey and sale on the same terms as lands in Albemarle until the will of the Lords Pro- prietors should be known. Accordingly the first grants for lands on the Cape Fear, after the year 1714, were issued in 1725, though, as we have PEEFATORY NOTES. seen, there were some squatters there early in 1724, if not prior thereto. After this date, emigration went westward, and even before tliat date had done so, until the territory east of the Wilmington and Weldon Railroad was settled more or less. The course of early events in Carolina seems to have been about as follows: On the 24th of March, 1663, Charles II. granted Carolina to the Lords Proprietors. Very shortly thereafter, they received proposals purport- ing to come from certain New England adventurers interested in the set- tlement at Cape Fear. In INIay, 1663, the Lords Proprietors, having organized under their cliarter, published a reply to these proposals, which fell into the hands of certain English adventurers in the same cause, and they, afler repudiating the proposals as not their own, proceeded to set forth at large their views in the premises, in a paper bearing date 6th August, 1663. On the 12th August, 1663, proposals were made to the Lords Proprietors from " several gentlemen and persons of good quality " in tlie Island of Barbados for a settlement in Carolina between Cape Fear and Florida. Pending these proposals, other proposals, by other parties in Barbados, and in diiferent interests, notably by Major William Yea- mans, in behalf of his father John Yeamans, were made. In reply to the representations of the English adventurers above mentional, the Lords Proprietors, on the 25th August, 1663, published a paper entitled "A declaration and pi'oposals to all who will plant in Carolina." On the 8th September, 1663, the Lords Proprietors empowered Governor Berkeley, of Virginia, to inaugurate a government in Albemarle, in order that the King might see " they slept not with their grant." In 1664 the Proprietors commissioned William Drumraond as Gov- ernor of Albemarle, but of the commission and the instructions accom- panying it we have no copy. That he had a prior connnission fi'om Berkeley, as is commonly stated, is, to say the least, very doubtful. The only authority for this supposition seems to be the letter from the Lords Proprietors in September, 1663, to Berkeley, empowering him to appoint a Governor, there being no evidence of the exei'cise of sucli authority by PREFATORY NOTES. him. Indeed, the letter of 7th Jaiuiaiy, 1665, from the Proprietors to Drummond suggests a contrary view, for they say they had sent him his couimission and instructions. There is some uncertainty as to the date of his appointment, also. The probability seems to be that Berkeley, feeling the delicacy of his position, being a Lord Proprietor as well as the Governor of Virginia, refused to act undei- the authority given to him, or at least to do so openly, and that nothing was done towards inaug- urating a government in Albemarle until the fall of 1664, the date of Drunimond's commission from the Proprietors. There is no claim that any government was instituted prior to 1664. Chalmers says expressly that the authority conferred upon Berkeley by the Proprietors in 1663, was exercised by him "during tlie subsequent year," and Williamson that it was " in the following summer." In addition to this, Albemarle was not included in the tobacco-cessation negotiations of the early part of that year, and it doubtless would have been included had any govern- ment then existed there. According to Berkeley's instructions, too, the term of office of the Governor was to be three years, with the promise of reappointment if he conducted himself properly. Drunimond's suc- cessor was appointed in October, 1667. From this it would seem that the Government in Albemarle began in October, 1664, and that Drum- mond got his commission, not from Berkeley, but directly from the Pro- prietors, and served his full term. Doubtless, however, he had Berke- ley's private recommendation. The fate of this first Carolina Governor was a tragic one, for having returned to Virginia and taken pai't in Bacon's great Rebellion there in the years 1676 and 1676, he was cap- tured and iiung. Being carried before Governor Berkeley, the Governor made him a low bo^v and said, "Mr. Drummond, you are very welcome. I am more glad to see you than any man in Virginia. Mr. Drummond, you shall be hanged in half an hour." And sure enough he was exe- cuted "as soon as a council of war could meet, his sentence be dispatcht and a gibbet erected." But for all that he seems to have been a gootl man and a patriot more worthy of respect and remembrance, perhaps, than any Colonial Governor ever in Carolina. PREFATORY NOTES. On the 1st November, 1664, Robert Saniford [Sandford] was commis- sioned Secretary and Chief Register of the county of Clarendon, and on the 24th of same month Jolin Vassall was commissioned its Surveyor- General. On the 7th January, 1665, the negotiations with Major Yeamans resulted in an agreement between the Lords Proprietors on the one part and his father, John Yeamans, and his associates of the other pai't, based upon the provisions of a document entitled "The concessions and agree- ment of the Lords Proprietors of the Province of Carolina, to and with the adventurers of the Island of Barbados and their associates of Eng- land, New England, the Caribbia Islands and Barmotthos to the Prov- ince of Carolina, and all that shall plant there. In order to the settling and planting of the countye of Clarendine, the county of Albemarle and the county of , which latter is to bee to the southward or west- ward of Cape Romania, all within the Province aforesaid." Up to 7th January, 1665, the Lords Proprietors seem to have had no fixfd general plan for the settlement and government of their province, but considered each proposition made tu them vu its own merits solely. For instance,, their proposals for May and August, 1663, were intended for settlers at Cape Fear. For Albemarle they had other views. There they left everything to the judgment of Berkeley, hoping, however, that as a considerable settlement was actually in progress there, and because of its proximity to Virginia, they would get more favorable terms. Now, however, this haphazard policy was changed and a general plan of operations was matured and took shape in the provisions of the docu- ment above referred to, called the Concessions of 7th January, 1665. This wa.s in brief to give each colony or county its own gov'ernment sepa- rate and "distinckt" from the others in authority, but identical in form and charac-ter, and this form of government, for anything that appears to the contrary, lasted until after the adojjtion of the Fundamental Consti- tutions in July, 1669. In fact, the Great Deed of Grant of 1st May, 1668, refers to the Concessions as then in force. The counties were to be eight in number, and each under the charge of one of the Proprietors or his deputy, Clarendon being the first settlement formally erected into PREFATORY NOTES. a county and Albemarle the second. Each («unty was accordingly named after a Proprietor, viz. : Clarendon, Albemarle, Craven, Berkeley, Colle- ton, Bath, &c. These county governments were to be consolidated into an imperial government, and to this end instructions were issued to Gov- ernor Ijudwell, in 1()91, to summon a Parliament of "20 delegates for the free men of (-arolina, viz.: 5 for Albemarle county, 5 for Colleton county, 5 for Berkeley county, and 5 for Craven county." The slow growth of the settlements in the northern part of the province prevented the consummation of this plan of government and tinally brought about the division of the province into the two governments of North and South Carolina. With the territory between the Neuse and the Santee Rivers, some 200 miles in width, so long uninhabited by white people, a division of the province was inevitable. On the 11th January, 1666, the Lords Proprietors connuissioned John Yeamans, lately made a Baronet at their instance, Governor during their pleasure of the county of Clarendon "neare Cape Faire and of all that tract of ground which lyeth southerly as far as the River St. Mathias." The county also had a Legislature, as appears from a petition of the mem- bers thereof addressed to the Lords Proprietors, in the year 1666. In October, 1667, the Lords Proprietors commissioned Samuel Stephens Governor of Albemarle, during their pleasure, and sent him certain in- structions defining his powers, the form of government, &c. This is the document referred to by Dr. Hawks as containing the first constitution given to Carolina. A comparison of this document, how- ever, with the paper of the 7th January, 1665, shows that the so-called "first constitution" of 1667 was merely a transcript from that paper, to which, indeed, it refers by name, as the " Concessions," the paper of Janu- ary, 1665, being the only one of that name. It will be seen, too, that the form used for the commission of Stephens, in 1667, is identical with that used for Yeamans' commission, in 1665, and that the instructions given for the sale of land in Albemarle in 1667 are identical with those given in the Concessions of 1 665 for the sale of land there. It is evident that Chalmers had not seen the Concessions of January, 1665, and that he misquoted the instructions of October, 1667. For the XVI PREFATORY NOTES. former, there is probably a good excuse, as the only copy of it preserved seems to be that found in the Shaftesbury Papers whii-h liave only recently been placed in the Public Record Office in Ijoudon. The chief beauty and excellence of the constitution, so-called, of 1(367, that according to Chalmers gave such great satisfaction to the people of Albemarle, had, unhappily, no existence save in Chalmers' own imagina- tion. Under that constitution, accoi'ding to Chalmers, the Governor was obliged to act altogether by the advice of a Council of twelve — one-half to be appointed by the Governor and the other by the ^\.ssembly, and this he boasted was a sufficient reply to what critics called a defect in Colonial Government, viz. : that the same men constituted the Senate, the Gov- ernor's Council and the Court of Appeals. Unhappily, the records show that the Assembly had no share whatever in the appointment of the Coun- cil, but that the Governor alone apjiointed each and every one of its members. The right of the Assembly to share in the appointment of Councillors did not accrue until after the adoption of the Fundamental Constitutions of 1669. Had Chalmers known anything of the Concessions of January, 1665, and had he quoted accurately the instructions of October, 1667, his nar- rative of events, as well as that of Dr. Hawks, who followed him, would doubtless have been less confused and more consistent. It is generally assumed that Stephens continued to be Governor from 1667 till his death in 1674, and yet it would seem from the "Instruc- tions to the Governor and Council of Albemarle," on page 181, that Peter Carteret was Governor in 1670, at least until after the 20th Jan- uary. On the 20th January, 1670, Lord Berkeley, then just elected Palatine, " commissionated Samuel Stephens to be his Deputy and Gov- ernor of Albemarle," as he had a right to do under the Fundamental Constitutions. It does not appear who was the appointee under the Duke of Albemarle, the first Palatine, who was elected on 21st October, 1669, if any there was. Probably Carteret was, but if so, there is no proof of the fact. Carteret was Governor after Stephens' death, and, Ijecoming disgusted, returned to England, leaving the Government in Albemarle " in ill order and worse hands." Jenkins succeeded him as President of PREFATORY NOTES. the Council, and was turned out in 1G75 by tlie Assembly. The widow of" Governor Stepliens sceni.s to have been fond of official life. After his death she married Governor Berkeley of Virginia, and ai'ter his death she married Governor Ludwell of Carolina. On the 1st May, 16QH, the Lords Proprietors, in response to a petition of the General Assembly held in the latter part of the year, 1664, or the early part of 1665, issued a paper known to this day as The Great Deed of Grant. By this' deed land in ^Vlbemarle was directed to l)e granted upon the same terms and conditions as in Virginia. The deed was duly recordc^l in Albemarle and the original preserved with the most scrupulous care. Sixty-three years after its date, the original was formally brought into the Assembly and ordered into the special custody of its Speaker, and its text spread upon its minutes. The pains taken to secure the preservation of this important document in Albemarle seems to have been very necessary, for Governor Burrington declares in one of his letters that he could not, after diligent search, find any record of it in England. There was such a record, however, as may now be seen by reference to page 29 Colonial Entry Book, nimiber 20, in the Public Record Office in London. Various efforts were also made from time to time by the authorities both in England and in Albemarle, to break its force by declaring not only that it was a revocable deed, l)ut that it had at various times actu- ally been revoked and annulled. Governor Gabriel Johnston, a very arbitrary official in his dealings with tlie colony, was especially urgent in pressing this view of the case. On the 21st -Tulv, 1669, the Lords Projjrietors, not content with the simple form of government instituted by them in January, 1665, signed Locke's Fundamental Constitutions, but for want of Landgraves, Cas- siques and a sufficient number of people, they were never put into prac- tical operation in North Carolina. Their chief impress, it is believed, is to lie found in tlie enacting clause in the acts of Assembly between 1669 and 1729. In their stead the Lorils Proprietors, from time to time, sent out instructions to the Governor and Council of Albemarle, which they said were as "nigh" the F"'undamental Constitutions as thev could come PREFATORY NOTES. under the circumstances. These constitutions, though purporting to be unalterable, went through no less than five editions, so to speak, before they were altogether abandoned as utterly impracticable and absurd. The first set or edition of these constitutions was signed on 21st July, 1669, the second on the 1st March, 1670, the third on 12th January, 1682, the fourth on the 17th August, 1682. The fifth and last edition bore date on the 11th April, 1698, and was duly assented to by the delegates in the General Assembly. The first set, that is to say, the constitutions of 21st July, 1669, was also, doubtless, formally assented to. When these constitutions were formally abandoned, if ever, does not appear. The year 1693 is the date usually assigned to that event. This cannot be true, however, because as we have seen, the last set of the con- stitutions was issued five years afterward, and again, in 1702, we find in the instructions and commission to Governor Johnson conclusive proof that the Lords Proprietors were still seeking to enforce the constitutions. See Appendix. In 1672, William Edmundson, the Quaker, visited Albemarle, finding there only one Quaker family, viz. : that of Henry Phillips, though there were Quakers in Virginia. Later in the same year George Fox also went over the same ground, making converts from other denominations. In 1676, Edmundson made a second visit to Carolina, and wa.s made happy by seeing that the " Friends were finely settled there." It would seem, therefore, that the Quakers formed only a very small part of the earliest inhabitants of Albemarle, and that even that small part became Qua- kers by conversion from other faiths after reaching Albemarle. The belief therefore that they came as Quakers to Albemarle to escape persecution as such in Virginia or elsewhere is not well founded. The truth seems to be that the Quakers being the first and for a long time the only denomination that sought to arouse the people of Albemarle to a sense of their duty as Christians, easily gathered into their fold the bulk of the religious element of the country of all former faiths. This view of the case is confirmed by the declaration of Governor Walker, who, under date of 21st October, 1703, wrote from Albemarle to PREFATORY NOTES. the Bishop of London, saying, " We have been settled near this fifty years in this jjhice, and I may justly say most part of twenty-one years, on my own knowledge, without priest or altar, and before that time, according to all that appears to me, much worse. George Fox some years ago came into these parts and by strange infatuations did infuse the Quakers' prin- ciples into some small number of the people; which did and hath con- tinued to grow ever since very numerous by reason of their yearly send- ing in men to encourage and exhort them to these wicked principles; and liere was none to dispute nor to oppose them in carrying on these per- nicious principles for many years, &c." But even tiiough they continued to grow so "very numerous," the Quakei's as late as 1709 constituted about a tenth part only of the population. The evidence of Mr. Gordon, one of the English Missionaries in Albe- marle, is also quite explicit on this point. He says, in a letter to the secretary of the Society for the Propagation of the Gospel in Foreign Parts, dated 13th May, 1709: " Tliere are few or no dissenters in this government, but Quakers, who have lieen always the greatest sticklers against, and constant opposers of, the churcli, and that with no small success; it will not, therefore, be improper to trace their rise, with the privileges and immunities they still plead and contend for at the present day, to the great disturbance of the peace of that province and the hindrance of good laws and other proper endeavours for its improval. " From the first settlement I find for some years they were few in num- ber and had little or no interest in the government until John Archdale, Proprietor and Quaker, went over, by whose means some were made Councillors: and there being then no ministers in the place, they began to increase and grow powerful ; for the Council granting all commissions, in a short time they had Quaker members in most of their Courts; nay, in some the majority were such, who, still pushing at the government, were very diligent at the election of members of the Assembly, &c." Tlie views expressed above are not in accord with those expressed by Dr. Hawks in his history of North Carolina, but for all that, it is sub- mitted that they are essentially correct. There is no evidence that Dr. PREFATORY NOTES. Hawks had seen the Journal of Edmundson, and he evidently misappre- hended the joiirneyings of Fox, whose Journal he had seen. Dr. Hawks savs Fox went upon the Roanoke river and its tributaries, and that it was to that section he referred when he said there were no Friends there. In this latter declaration he is clearly mistaken, for Fox was speaking of the Macocomocock river, and not the "Maratick," when he said there were no Quakers inhabiting that part of the country. And what is quite as important, Dr. Hawks had forgotten that Albemarle Sound, or River, as it was called, was also called Roanoke Sound. Fortunately, the hamlet of Somerton, one of the places visited by Fox and mentioned by him, bears to-day the same name it bore when Fox was there. It is situated in Virginia, very near the North Carolina line and very near the road leading from Suffolk, Virginia, to Gatesville, North Carolina, on Bennett's Creek, the two places being about twenty- eight miles apart. If Dr. Hawks had taken a map, and with Fox's Journal before him, had traced his route therein set forth, he would have seen that Fox went not upon the Roanoke and its tributaries, but from Somerton, to Ben- nett's Creek [not Bonner's Creek, as printed in the Journal] ; from thence down the creek to Chowan River, thence down the sound, or, as Fox expressed it, "down the river Maratick," to Fdenton Bay; thence into Pasquotank and Perquimans counties, where, says Dr. Hawks, the great body of the Quakers were settled. But if an inspection of the map was not convincing, the statement of Fox himself that he went to Connie-oak Bav, where he met the Governor of the Colony, and to other points, where he met Representative Scott and the Secretary of the Colony, and his further declaration on his return, that he had spent his time in the " north of Carolina," would be conclusive that he was not upon the Roanoke or any of its tributaries. There was then no county or pre- cinct on the Roanoke or its tributaries, and not any for years afterward, nor was there any representative, secretary. Governor or other official living there. Nor could it be said that the Roanoke was in the north of Carolina. PREFATORY NOTES. Indeed, considering the small number of Quakers in tiie world at the date of the first settlement of Albemarle, and, the remoteness of their place of origin, it would be strange had they been the pioneers in Caro- lina. It is perhaps a very flattering unction that we lay to our souls in sup- l)osing our State was settled by men seeking religious freedom, but unhappily there seems to be no solid foundation for the belief. So far as we can see, the moving causes of immigration to Albemarle were its di'ligiitfu] climate, magnificent bottom lands and bountiful products. Tnunigration, in early days, divested of its glamour and brought down to solid fact, is the history of a continuous searcli for "bottom land." Up stream and up creek, across divides to other water courses, tliere was ever the same object in view, more bottom land and better bottom land. As has been said, the early settler did dearly love a wide stretch of l)ottom land. And in this connection it may be well enough to call attention to the fact that the designation of Roger Green as a "clarke," that is to say, a "clerke" or clergyman, in the Virginia Statute, puts beyond dispute the fact that he was a clergyman of the Church of England, and entirely upsets the theory that in seeking to leave Virginia he desired to find a freei', if not a purer, religious atmosphere. In tliat day only the ministers of the Church of England were styled " clerkes " or clergymen in the Vir- ginia Statutes. It matters not, however, what were Green's denomina- tional preferences, for it is almost certain that he never made any settle- ment in Albemarle. Yardley did not find him there in 1654, nor does he seem ever to have been heard of after the date of his orant in 1653. In 1677 began the Culpeper Rebellion, so-called. According to the written statement of the Lords Proprietors themselves, Thomas Miller, the man against whom Culpeper "rebelled," was not a Governor, but a usurper, who " without any legal authority gott possession of the govern- ment of Albemarle, in Carolina, in the year 1677 and was for a tyme quyetly obeyed but doeing many illegall and arbitrary things and drink- ing often to excess and putting the peo])le in generall l)y his tlireats and actions in great dread of their lives and estates and they as we suppose PREFATORY NOTES. getting some knowledge that he had no legall authority tumultuously and disorderly imprison him," &c. Culpeper, however, was tried for treason in England and acquitted, Shaftesbury being a witness in his belialf. In view of the facts as now presented, the blood-thirsty talk of Chalmers and of Dr. Hawks, who adopts not only the sentiments but the language of Chalmers, seems, to say the least of it, I'ather out of place. How it happened that Chalmers failed to see the statement of the Lords Proprietors above mentioned may now never be known. In 1679, Virginia having failed in the efforts she had been making since 1664 to reduce the production of tobactx) by joint legislative action, first with Maryland and then with Albemarle and Maryland, resorted to another legislative experiment to accomplish the purpose, and passed the first of a series of acts extending through the entire Proprietary period, prohibiting Carolina tobacco from being carried into Virginia. As Albe- marle had no sea-ports worthy the name, the effect will at once be seen, for tobacco was her money crop. It was a cruel blow; there were then no railroads to give one colony free access to the ports of another, and there was then no Federal Constitution to prevent embargoes and other unneighborly acts. In July, 1680, Governor Culpeper, of Virginia, issued an order fi)r the collection of rents and taxes from the inhabitants of Currituck and Blackwater, claiming them to be Virginians, and thus put into active operation a dispute with Carolina about the boinidary line that did not end until 1728, when the restoration of the province to the Crown was an assured fact. This dispute had its origin, it may be said, in the grant of the second charter. It will be remembered that the first charter fixed the 36th parallel of north latitude as the boundary between Carolina and Vir- ginia, and that it was only by the second charter in 1665 that the bound- ary was advanced northward to a line running from "the North End of Currituck River or Inlet upon a strait westerly line to Wyanoak Creek which lies within or about tlie degrees of thirty six and thirty PREFATORY NOTES. xxiii minutes northern latitude and so west in a due line, &r'." Tlie line of 36° runs just south of Edenton, Hillsboro, Greensboro, and soon, M'cst. So that the effect of the second charter was to add the settlement on the Chowan to the territory of Carolina. That this addition was not sooner made was doubtless due to a misapprehension on the part of the Ijords Proprietors as to the exact location of their settlement on the Chowan, for we find them in a letter of 9th September, 1663, saying the settle- ment is " in the latitude of 35 or thereabouts, to which place we have ordered a Governor to be sent from Virginia." It would seem from this, and, indeed, from all their actions, that the Ijords Proprietors thought the Chowan settlement had been given to them by the first charter. Jiut however this may have been, Virginia regarded the second charter as an encroachment upon her rights, and Berkeley, the Governor, who was a grantee under it, was charged with treachery in permitting it. It was soon noised about, too, in Albemarle that "North Carolina," as the terri- tory covered by the second charter was now called, was to be given to Berkeley for his share of Carolina, and the rumor created so much dis- satisfaction that the Ijords Proprietors felt obliged to write out there to the Assembly in 1676, declaring it to be false. In a few years, Berkeley being dead and a new Governor in his place in Virginia, as we have seen, the territory was boldly claimed as the rightf'nl property of Virginia and as stoutly held by the Lords Proprietors. At first Virginia denied the existence of the second charter and anj^ new line. Easily beaten in this by inspection of the record, she continued the fight on the location of the natural objects called for along the line and controlling it, and thus the matter stood for nearly fifty years. The record as now presented is one that North Carolina does not need to be ashamed of in spite of the con- stant vituperation of her authorities by the Virginia authorities. Mr. W. C. Kerr, late Geologist of this State, in the introduction to his volume on the Geology of North Carolina, says: 1. The first and only serious attempt to ascertain the northern bound- ary was made in 1728, by Col. Wm. Byrd and others, commissioners on the part of the two colonies acting under Royal authority. XXIV PREFATORY NOTES. 2. That in all the nunierou.s attempts to establish the line of division between the two colonies and States, the intention and the specific instruc- tions have been to ascertain and mark us the boundary of the two States the parallel of 36° 30'. Both of these statements are erroneous. In the first place, the survey of 1728 was by no means the first or the only serious attempt to ascertain the northern boundary, as the records show. 2d, the line as run in 1728 was not an attempt to ascertain and mark the parallel of 36° 3U', but an attempt to run a line between certain natural objects regardless of theii- coincidence or want of coincidence with the parallel of 36° 30', and agreed upon as a compromise by Governors Eden and Spotswood. 3d, it was at no time, from the grant of the charter to the running of the line, the purpose to make the parallel of 36° 30' the boundary. And just here it may be remarked we have the origin of another dis- pute of long standing — that about the use of the terms North Cai-o- lina and Caroliua rather than North Carolina and South Carolina. For a nundjer of years when "North Carolina" was spoken of, only the addi- tional territory covered by the second charter was referred to, that conveyed by the first charter being called " Carolina." In the course of time North Carolina came to embrace all the territory of the province, north and east of Cape Fear, and the distinction between North Carolina and Carolina, was no longer appropriate, though surviving in common speech. In 1689 the Governor ceased to l)e called Governor of Albemarle, and was called Governor or Deputy Governor t)f North Carolina. In this same year Governor Sothel, himself one of the Lords Proprietors, was tried by the Legislature, or rather by the popular branch of it, con- victed and sentenced to banishment for one year and to perpetual dis- franchisement. The remarkable pronunciamento of Capt. Gibbs of the 2d June, 1690, develops a claimant for gubernatorial honors in Carolina hitherto unknown to fame. By what authority he claimed to be Governor does PREFATORY NOTES. not appear. A possible solution of the matter is, that when Sothel was banished he appointed Gibbs to succeed him. Gibbs was as violent in acts as he was boastful in words, as may be seen from the letter of Governor Ludwell of 19th July, 1690. The good people of Albemarle were, however, as quick to resort to arms for resistance, as Gibbs was for outrage and oppression. In 1701 the I^egislature having passed an act for the election of ves- tries and for the maintenance of clergymen, efforts were first made to secure regular religious services according to the requirements of the Church of England. The Quakers also began to hold regular monthly meetings in the same year ; at least we have no records of such meetings at an earlier date. About this time, also, the Society for the Propagation of the Gospel in Foreign Parts began its work of sending clergymen of the Church of England as missionaries to North Carolina, a work that was continued mitil the beginning of the Revolution. The subserviency of the Legislature to the dictation of the Govern- ment in the matter of religion seems not to have gone as far in North Carolina as it went in her sister colony of South Carolina, for the two church acts, requiring conformity to the Church of England, that raised such a commotion in South Carolina in 1704-'5 that upon a representa- tion from the House of Lords the Queen not only repealed them but ordered proceedings in quo warranto to be instituted against the Lords Proprietors for a forfeiture of their ciiarter, seem never to liave teen passed in North Carolina. It is true, as said above, that a vestry act was passed in 1701, but while this was doubtless an act for the establishment of the Church of England in the colony, it by no means required conformity thereto. We have nocoj)y of the first vestry act, but its provisions, as may easily be gathered from the letters of the missionaries and others to the Secretary of the Society for the Propagation of the Gosj^el in Foreign Parts, were substantially the same as those of the vestry act of 1715, of which we have a complete copy. XXVI PKEFATORY NOTES. Neither Chalmers, nor Williamson, nor Martin refer to any sueh acts as those passed in South Cai'olina. Martin indeed says that Governor Daniel procured the passage of a bill for the establishment of the Church of England by legal authority, but the provisions of that act, as set forth by him, are the well-known provisions of the vestry acts of North Caro- lina, not the provisions of the South Carolina -acts. More important tes- timony still is the silence of the missionaries in their correspondence. Not a word in all that correspondence gives the slightest ground for crediting the existence of any such acts, and it is well-nigh impossible to suppose that had any such acts been passed no reference would have been made to them. Nor do the proceedings in England resulting in the repeal of the South Carolina acts make any reference to North Carolina. If North Carolina had any concern in those proceedings the record utterly fails to show it. No doubt Governor Daniel would have done in North Carolina all that his friend and patron Governor Johnson did in South Carolina, had he been able to do it. All he could accomplish, however, was to secure the reenactment of the vestry act of 1701. Between this act and the South Carolina acts there was, as we have said, a wide difference. In North Carolina a church was indeed established by law, but the people needed not to conform to its faith or its services unless they chose to do so. Here the oppression went so far as to require men to pay taxes for the support of a church whose services they did not desire to attend. In South Carolina it required unwilling men to conform to its services, as well as to pay for them, upon pain of disfranchisement. The confusion upon this point arises in part at least, doubtless, from the trouble with the Quakers about this time. But this trouble arose not from any acts passed for the establishment of the Church of England or requiring conformity thereto, but from the refusal of the Quakers to take oaths, even the oath of allegiance. It happened just about this time that the new oaths of allegiance made necessary by the recent accession of Queen Anne to the throne, reached Albemarle. As a matter of course the Quakers refused to take them, their faith prohibiting anything stronger than an affirmation, and hence the trouble. This view of the case seems PREFATORY NOTES. to be very strongly confirmed by the intelligent statement of events in Mr. Gordon's letter of the 13th May, 1709, to which attention is espe- cially directed. For the benefit of those who may desire to examine the qnestion for themselves, the Sonth Carolina Acts and Qneen Aime's Act have been printed in the Appendix. • The next event of public interest was the so-called Caiy Rebellion, which was finally put an end to by the armed intervention of Governor Spotswood of A^irginia. It is generally stated to have lasted from 1708 to 1711, but the statement is scarcely accurate. The history of this ''rebellion" is, in brief, as follows: In 1704 the new oaths of allegiance made necessary in consequence of the recent accession of Queen Anne to the British throne, reached Albemarle, and Governor Daniel required all officials to take them. The Quakers not only refused to take them, but had influence enough with the Lords Proprietors to induce them to turn out Daniel and put Colonel Thomas Cary in his place. Cary also required the oaths to be taken by all officials, and he, too, was deposed. The Proprie- tors then authorized the Council to elect a President, in whom executive authority was to be vested, the right of the South Carolina Governor to appoint a Deputy Governor being suspended in the meanwhile. The Coun- cil met and elected William Glover as its President. He, too, required the oaths to be taken by all officials, and thereupon the Council met again and elected Cary to be President in the place of Glover. In 1708, in order to put an end to the strife, it was agreed to refer the matter to the Assem- bly for decision, and to this end a new Assembly was called, both Cary and Glover issuing writs for the election. The Assembly met in October, and after seating Cary delegates from Chowan whose election was con- tested, proceeded to elect Edward Moseley Speaker and to recognize Cary as the lawful Executive. At this date the Colony consisted of two coun- ties, Albemarle and Bath. Albemarle had four precincts, Chowan, Cur- rituck, Pasquotank and Perquimans, each of which sent five delegates to the Assembly. Bath had three precincts, Pamptecough, Wickham and Archdale, each of which sent two delegates. The Assend)ly, therefore, XXVIII PEEFATORY NOTES. consisted of tweuty-six members, and as Pasquotank, Perquimans and the three Bath precincts sent Gary delegates to the Assembly, he had a clear majority without the Chowan members. The fact that the Quakers had the balance of power, if not the majority, in Pasquotank and Per- quimans, two of the four large precincts, explains why it was that they could exercise a commanding influence in the Asseml)ly whenever they desired to do so. Glover, however, refused to abide by the decision of the Assembly, protesting that its members had not cjualilied according to law and that in consequence thereof he was not bound by anything it did. Both sides, it is said, resorted to arms, but the evidence of any actual armefl conflict is very slight. The truth seems to be that from 1708 till 1711 there was not really any rebellion or insurrection, but an utter absence of all govei-nment, there being for "two years and upwards no law, no justice, Assembly or courts of jucHcature, so that ])eople did and said what they list." In the summer of 1710 Edward Hyde came upon the scene, asserting that he had been sent tliere to be Deputy Governor, but that owing to the death of Col. Tynte, Governor of Carolina, lie had no commission and could get none. The only proof he could make of his statement was some private letters in his possession. In spite of this, however, his story was believed, and the Council, tired of the con- flict doubtless, in deference somewhat, possibly, to the supposed wishes of the Lords Proprietors and l)ecause of the "awful respect" inspired by Mr. Hyde's relationship to the Queen, proceeded to elect him its Presi- dent, though by what authority a person not a member of the Council was thus chosen, does not appear. Hyde went on duty as President, ordered an election for a ncM' Assembly, and everything seemed to promise a complete restoration to jieace and good order. Tlie Assembly met in March, 1711, and the adiierents of Hyde being largely in the majority, the temptation to wreak vengeance on their old enemies was greater than they could resist. Violent legislation, disap- proved of botli by Governor S])otswood and the Ijords Proprietors, fol- lowed. [See page 784, et scq.~\ To prevent this legislation from going into effect, a fresh resort was had to arms, constituting the rebellion that PREFATORY NOTES. xxix Governor Spotswoud of Virginia put down by an arnu'il force. During all this time the Lords Proprietors seemed to have been indiiferent if not disinterested spectators of events in Albemarle, and it may well be doubted whether the legal authority of the government against which Gary rebelled was any greater than that of the government against which Culjieper rebelled thirty years before. In fact, Hyde was not commis- sioned until 24th January, 1711-12, and did not take the oaths of office until the 9th of May following, nearly a year after Spotswood's armed intervention in his behalf. The records relating to this "rebellion" come to US from Pollock and S]X)tswood with all the bias and color- ing that the bitterest partisanship could give. No crime was too gi'oss or too unnatural to impute to Gary and his followers. Against Gary it was alleged that he threatened to repeat in Albemarle the tragic occur- rences in Antigua, where, in 1709, the people having been "cursed by the Government of a ferocious and un])rinciple<l tyrant" for three years, "rose in a body, overpowered the regular troops, tore the living body of the oppressor limb from limb, and gave the fragments to beasts of prey. So well was this punishment thought to be deserved," con- tinues the historian, "that the British Government ratitied the act by granting a general pardon to all concerned in it, and shortly afterwards promoted two of the jjrincipal actors to pul)lie offices." The fate of Governor Parke, of Antigua, was not, it seems, a jileasing subject for contemplation in gubernatorial circles, either in Albemarle or in Vir- ginia. Against Gary's adherents, if not against himself, was alleged the instigation and solicitation of the horrible Indian massacre of Sep- tember, 1711, and to this last charge Dr. Hawks seems seriously to give credence; but the good Doctor was a devoted follower of Pollock and a firm believer in the doctrine of " obedience to the powers that be." There seems to be l)ut little doubt that Quakers, how many it is now im])ossil)le to say, bore arms during the Gary Rebellion. This violation of the ])rinciples of their faith was doubtless due to the fact that tliey were not born Quakers, and wei'e still under the dominion of the natural habit of belligerency. PREFATOEY NOTES. In Sejjtember, 1711, occurred a terrible massacre of the colonists on the Neuse and Pamplico by the Indians, the Tuscaroras being- the chief instigators thereof, that, with the Indian war that followed, blighted the colony for years, and would have destroyed it entirely but for the prompt and generous action of South Carolina in coming to its assistance. Gov- ernor Spotswood of Virginia made a very eloquent speech to his Legis- lature, appealing to its members by all the considerations of humanity, kinship, neighborhood and self-interest for help for their brethren in Albemarle, and succeeded in getting an appropriation of £1,000 in their behalf; but the appropriation was not expended, the security required by Governor Spotswood for repayment being such as the North Carolina authorities said they could not give. The security i-equired by Governor Spotswood was a mortgage upon the territory north of the Roanoke, that is to say, tiie inhabited part of the territory, then in dispute between the two Cdlonies. South Carolina voted £4,000 and sent troops at once, without asking for a mortgage, or other security for repayment. What was the character of the previous intercourse between the colonists and the Indians does not fully appear, though it was doubtless much like that between other colonists and Indians. We know that there was an Indian invasion in Albemarle in the early fall of 1606 of suf- ficient magnitude to prevent the transmission of the act of Assembly of that year for the cessation of tobacco-planting to Maryland by the last of September, the time agreed uj)on for it to be there, and from the common use of the term "enemy Indians," it would seem that hostilities with the Indians were not infrequent. But even if there had been an unbroken peace hitherto, the massacre of 1711 was horrible enough to make the Indian annals of Albemarle of the bloodiest and crudest kind. One hundred and thirty people were massacred in the space of two hours. Women were laid upon the house floors and great stakes driven through their bodies; from others, big with child, the infants were ripped out and hung upon trees; and so hotly did the Indians pursue the survivors that the dead were left un- buried, a prey to dogs and wolves and vultures. Then, and during the PREFATORY NOTES. war that lollowed, it is said that moru than ei,<!;hty uiil)a[)tizcd infants were shi lightered. On the ^4th oi' Jannary, 1712, was eonmiissioned tiie first Guvernur of North Carolina separate and distinet from Sonth Carolina. The volnnie eonclndes with the Mannseript of Baron DeGraffenried, covering his stay in Anieriea, his eontraet for the Palatines and an extract of his letter to Governor Hyde. In his MSS. will be found a plain and satisfactory explanaticni of Colonel JJarnwell's motives for not assaulting the Indian fort when its capture was no longer a matter of doubt. The reason was, that the fort was full of white captives, who cried out that they would be slaughtered if the assault was made. Surely a sufficient reason for "clapping uj) a peace," as Governors Pollock and Spotswood termed it. That this simple explanation oi' a transaction for which Colonel Barnwell was very much blamed by the Pollock faction, comes to us from Switzerland, more than a century and a half after its occurrence, and not from the Pollock faction, shows with how much caution the statements of that faction must be received. Unfortunately, all the records of that day that have come to us were made by the Pol- lock faction, and none by their rivals of the Moseley faction. It seems incredible that Pollock did not know why Barnwell preferred to " clap up a peace" rather than carry the fort by assault; yet he makes no men- tion of it. Barnwell was on too good terms with Moseley for him to find favor in Pollock's sight. Tradition in and about the locality, it is said, corroborates DeGraifenried's statement as to the presence of white captives in the fort. The people seem to have had a different opinion of Barnwell from that entertained by Pollock, for Pollock in his letter of 20th February, 1713, speaks of an address procured by Moseley from the Assembly to send to the Lords Proprietors in favor of Barnwell, in the hope that it might be an inducement to them to give him the government, "and, then," continues Pollock, "they two (Barnwell and Moseley) with the interest of the Quakers who are the chief moulders of the assemblies here would have carried matters on here at their pleasure" — a consum- PREFATORY NOTES. matiun tliat, in the opinion of Pollock, doubtlesf^, would have been the sum of all iniquities. The declarations of Pollock, inconsistent as they are with the opinions of the Legislature, show the existence of a conflict in the premises between the government and the people, for the people spoke through their dele- gates in the Assembly, and the government spoke through Pollock, but, unfortunately, the records of the Assemblies have not come down to us. The date of the session of the first General Assembly is no longer involved in much doubt, as it was certainly held either in the latter part of 1664 or the early part of 1665. The letter of Surveyor General Woodward, of 2d June, 1665, shows indisputably that it was held before that date. It is certain, too, that it was held after the commission and instructions were sent out for the government of the colony, as it peti- tioned the Lords Proprietors against a portion of those instructions — that jjortion relating to the grant of lands. The petition referred to is the one to which tlie Lords Proprietors made reply in the Great Deed of Grant of 1st May, 1668. Chalmers therefore, misled doubtless by the length of time taken to replv to it, is mistaken in saying the petition was instiga- ted by the near approach of rent day. So far from this being true, it was about the first official action of the settlers as Carolinians. Hitherto tliev had been Virginians, and Berkeley, as Governor of Virginia, granted land in Albemarle until 25th September, 1663. The point at issue, then, was not merely as to the rate of rent per acre, but as to the quantitv and location of land in a grant as well. The letter of Surveyor- General Woodward shows this to be true. The minutes of the Council of Maryland and the tobacco-cessation documents generally, show the exist- ence of a Legislature in 1666, George Catchmeyd being Sj)eaker of the Assembly in that year. At first the precincts of Chowan, Currituck, Perquimans and Pasquotank, each sent five delegates to the Legislature. In 1696, Bath was made into a county, with the privilege of sending two delegates, and from that time as new precincts or counties were created, thev were given similar privileges. Bath had "sent delegates before this date under the name of the precinct of Pampticoe. PREFATORY NOTES. xxxiir The first statute of which we have any knowledge was "an act pro- hihitino; the sowing, setting, planting or in way tending any tobacco," from the first of February, 1667, to the first of February, 1668, which was passed in the early fall of 1666 — probably in September. Of this act we have no copy, though we know its purport. The next acts of which we have any knowledge, were passed in the fall of 1669, and are nine in number, and of them we have perfect copies, The Legislature that passed them was acting under the Fundamental Con- stitutions, and not under the so-called Constitution of 1667, as Chalmers asserts, a fact that will be patent to any one who will take the trouble to read the enacting clause set forth in full in each of said acts. Until the rcccijjt of the transcripts from the British Record Office in Loudon, we had no copy of any law of an earlier date than 1715. And, in this connection, it may be remarked that, though the Legis- lature was called both by the Lords Proprietors and the Legislatures themselves, "The Grand Assembly," its real legal name was "The Gen- eral Assembly." The first use of the term "Grand Assembly," so far as we know, occurs in the Great Deed of Grant of 1st May, 1668. It also occurs in the acts of 1669, and again in some of the acts of 1715. and afterwards, and not merely in the "earliest legislation," as Dr. Hawks asserts. One of the acts passed in 1669 protected new-comers from their foreign creditors for five years, and from tliis, Albemarle came to be denounced as the resort of thieves, rogues, vagabonds, &c. It happens, however, that North Carolina was neither the pioneer nor alone in this kind of legislation. In 1642, Virginia passed a law forbidding suits to be brought on foreign debts, and gave as a reason therefor, that many people had, "through their engagements in England, forsaken their native country and repaired hither, with resolution to abide here, hoping in time to gain some competency of subsistence by their labors, yet, nevertheless, their creditors, hearing of their abode in the colony, have prosecuted them with their actions to the ruin of said debtors," &c., &c., &c., &c. In 1663 the law was formally re-affirmed, because, having been accidentally omitted from the printed volume of the statutes, it was feared damage PREFATORY NOTES. would ensuo by reason of its supposed repeal. In 1GX6, North Carolina and Maryland were exempted from the operation of the act. In 1683 and 1696, South Carolina also passed acts suspending foreign debts. How circumstances do alter cases. When a man in England got in debt, ran away between two suns, and settled in Virginia or South Carolina, he was graciously and fraternally welcomed and thoroughly protected from his "engagements," as his debts were mildly termed. If, however, a debtor, flying his engagements, should find welcome and protection in North Carolina, he straightway became a rogue and a vagabond. Verily, it would seem that Virginia and South Carolina sought a monopoly of absconding debtors. The marriage law, passed in 1669, was also a subject of bitter reproach, although it simply authorized civil officers to celebrate the rites of mat- rimony. The law, it was said, tended directly to gross immorality and vice. Experience has proved otherwise; it made marriage easy, but not divorce. The Virginia law required the rites to be solemnized by a clergyman of the Church of England, but as there were no clergymen in Albemarle of any sort, the statute there would seem to have been a necessity, bearing in mind, at least, St. Paul's wise suggestion, that "it is better to marry than to burn." It is divorce, not matrimony, that tends to licentiousness, and it was matrimony and not divorce that was made easy in Albemarle. For these Virginia and South Carolina statutes, see Appendix, which will be found at the end of the second volume. COLONIAL RECORDS OF NORTH CAROLINA. ABBREVIATIONS. B. P. R. O.— British Public Reooirt Office, C. JE. B.— Colonial Entry Books. C. P. — Colonial Papers. S. P.— Shaftesbury Papers. S. P. 6. — Society for the Propai;atioii of llie (iospt-l in Fon-igii Parts. B. T.— Board of Trade. B. T. P.— Board of Trade Proprietors. B. T. J.— Board of Trade Journals. P. G. — Plantations General. A. W. I. — America and West Indies. COLONIAL RECORDS. 1622. [Reprinted FROiM Smith'is History of Virginia, Vol. 2, p. 64.] The obseruations of Master John Porv Secretarie of Viruiiiia in liis trauels 1622 In Febrnary also he trauelled to the Sontli River Chawonock some sixtie miles oner land which he found to be a uery fruitful and pleasant Country, yielding t^vo harnests in a yeere and found much of the silke grasse formerly spoken of Was kinilly vsed by the people and so returned. 1629. [B. P. R. (). Shaftesbury Papers. Suction IX. Bondle 48. No. 1.] SIR ROBERT HEATH'S PATENT 5 CHAREES 1st. [30 Oct. 1(529]. Charles by the grace of God of England Scotland France & Ireland King Defender of the faith &c : To all to «hom these pre.sent 1™* shall come, greeting we have seen the inrolement of certaine of our 1"""' patents under our great scale of England made to S"" Robert Heath Knight oui- Atturney Generall, bearing date at Westminster the 30. day of October in the o yeare of our reigne & inrolled in our Court of Chancery, & remaining upon Record among tlic Hok's of the Said Court in the.>;e words: The king to all to whom tliesc jjrcseiit &c : greeting. Whereas our beloved and faithfull subject and servant S'' Robert Heath Knight our Atturney Generall, kindled witii a (•crtainc laudable and pious desire as well of enlarging the Christian religion as our Empire & encreasing the Trade & Commerce (jf this our kingdom: A certaine Region or Territorv to i)ee hereafter described, in our lands in tlic jvirts of America COLONIAL RECORDS. betwixt oue & thivetv & 36 degrees of northerne latitude inclusively placed (yet hitherto untild, neither inhabited by ours or the subjects of any other Christian king, Prince or state But in some parts of it inhab- ited by ceitaine Barbarous men who have not any knowledge of the Divine Dietye) He being about to lead thither a Colonye of men large & plentifull, professing the true religion ; seduously & industriously apply- ing themselves to the culture of the sayd lands & to merchandising to be performed by industry & at his owne chai'ges & others by his example. And in this his purpose in this alFayre for our service and honour he hath given us full satisfaction, which purpose of his beeing soe laudable & manifestly tending to our honour, & the protitt of our kingdome of England Wee with a Royal regard considering these things doe thiuke meete to approve & prosecute them, for which end the sayd S' Robert Heath hath humbly supplicated that all that Region with the Isles there- unto belonging with certaine sorts of privel edges & jurisdictions for the wholesome government of his Colonye & Region aforesaid & for the estate of the appurtenances may be given granted and confirmed to him, his lieires & Assignes by our Royall Highnesse. Know therefore that wee prosecuting with (jui' lioyall lavoai' the pious & laudable purpose & desire of our aforesaid Attui-ney of our espe- tiall grace certaine knowledge & nieere nnjtion, liave given, granted & confirmed & by this our present charter to the said S'' Robert Heath Knight his heires & assignes for ever, doe give, grant & con- firme all that River or Rivelett of S' Matthew on the South side ct all that River or Rivelett of the great passe on the North side, & all the lands Tenements & Hei'editaments lying, beeing & extending within or between the sayd Rivers by that draught or Tract to the Ocean upon the east side & soe to the west & soe iiu-e as the Continent extends itselfe with all & every their appurtenances & alsoe all those oui- Islands of beagus Bahama & all other Isles & Islands lying southerly there or neare upon the foresayd continent all wliicli lye inclusively witliin the degrees of 31 t'i: ofi of Northerne latitude ; And all & sin- gular the ports & stations of shipj)es & the Creeks oi" the sea belong- ing to the Rivers, Islands & lands aforesaid ; with the fishings of all sorts of fish, whales, sturgeons i^c of other Royaltyes in tiic sea or in the rivers moreover all veines, mines or pits either upon or conceald of Gold, Silver Jewells cV: precious stones & all other things whatso- ever, Avhither of stones or metalls or any other thing or n)atter finuid or to be found in the Region Territory Isles oi- limitts afiiresaid. And furthermoi'c the patronages and advowsons of all churches which shall liappen to he built hereafter in the said Region Territoi-y & Isles and COLONIAI. RECORDiS. liiuittr- In- the incivasc oftlu' ivlisiioii cV worsliii) di'Clirist Togetlif)- with all & f^iugnlar tiicso ct tiicse soe am])ly, Rights .Jurisdictions, privi- ledgt's i)r('r()oativ('s Royaltves libertycs inuminityes witli Royall rigiits & ihuichiscs wiiatsdcver as well by sea as In land, witliin that IJetiiou Ten-itoi-y Isles ct limitts aforesaid To liave exei-cise use & enjoy in like manner as any Bishop of Durham witliin the Bp""''" or County palatine of Durham in our kingdome of England ever heretofore had held used or enjoved or of right ought or eould have hold use or enjoy. And by the presents we make eresite c^^ constitute the same S'' Robert Heath his heires cV: assigues true and absolute Lords ct Proprietors of the Region c*c Territory aforesaid & all othi'r the premises for ns our heires & succes- sors saveing alwaies the faith ct allegiance due to us our heires & succes- sors. To have hold possess & enjoy the said Region Isles Rivers & the rest of the premisses to the said S"^ Robert Heath Knight his heires & assigues to the sole & proper use & behoofe of him S'' Robert Heath Knight his heires <& assigues for ever with that meaning that the said S"' Robert Heath his heires & assigues shall plant the premisses according to certaine instructions & directions of oures signed with our Royall hand of the date of the presents remaining with our principall Secretary to our use our heires &' successors To be held of us our heires & succes- sors Kings of England in cheife by knights service & by paying for it to us our heires & successors one Circle of Gold formed in the fashion of a crowne of the weight of twenty Ounces with this inscription ingraved u];»on it Deos Coronet Opus 8uum whensoever & as often as it shall hap- pen, that we our heires or successors shall enter the said Region, & also the fifth & part of all the metall of Gold & Silver (which in English is called Gold & Silver Oare) which shall from time to time happen to be found within the toresayd limits & such a proportion of the profitts & commoditves out of the premises as are fully conteined in the instructions & declarations aforesaid. But that the aforesaid Region or Territory soe granted & described may be UKjro illustrious by us than all the otiier Regions of that land t'c mav be adorned with more amjile Titles. Know that we of our free grace certain knowledge <t meere motion doe thiuke fit to ei-cct the sayd Region Territory & Isles into a Prov- ince & by the fulnes of our power & Kingly Authority for us our heires & successors, we doe erect & incorporate them into a province & name the same Carolina or the ]ir(5vince of Carolina & the foresaici Isles the Carolarns Islands & soe we will that in all times hereafter they shall be named. Xnd becaus<^ we herebefore haA'e oi'dained & made the fores^ S"^ Rolieit Heath Knight true lor<l (fe proprietor of all the afore- COLONIAL RECORDS. named Proviufe Fintlu'niiorc know yt-e tliat wo for ourselves our heires (t successors doe give power to the said S'' Robert (of whose faith pru- dence industry & provident circumspection we have great confidence) & to liis heires & assignes for tlie good & hapjiy Government of tlie said Province to forme make & enact & pulilish under the seale of the said 8'' Robert his heires & assignes what law^es soever may concerne the publicke state of the said province or the private profitt of all according to the wholesome directions of & with the counsell assent & approbation of the Freeliolders of tlie same Province or the Major part of them who when & ns often as need shall require shall by the aforesaid 8"" Robert Heath his Heires & ^issignes & in that forme which to him or them shall seem best, be called together to make lawes & those to be for all men within the said province & the bounds of it for the time beeing or under his or their Government or power either sayling towards Carolana or returning from thence either t)utward to England or outward to any other dominion of ours whatsoever constiti;ted by imposition of fines im- prisonment or any other constraint whatsoever & we grant to the said S"' Robert his heires & assignes free full & all kind of power by the Tenour of the presents if the qualitve of the oft'ence requires it to punish by the losse of life or limbe by himself his heires or assignes, or by their Dep- utyes Lieutenants Judges Justices Magestrates Officers & ministers to be constituted & made according to the tenour & true intent of these px'es- ents duely to be executed : And also to the said 8'' Robert Heath his heires & assignes as to them shall seem most meet power of constituting & ordaining Judges & Justices Magestrates & officers whatsoever for whatsoever causes and with what poMer soever & in what forme by sea or liv land. Alsoe crimes & all excesses whatsoever against such laws either before judgement received or after, power of remitting releasing pardon- ing & abolishing, & all & singular complements of justice courts tribu- nalls forms of judgements & manners of processe belonging to them although tiiere be not mention made nor expression of them in these pres- ents which lawes as aforesaid to be proclaimed & to l>e endowed with the most absolute tirmnesse of right : we will injoyne coinmanti & order that they be inviolably observed & kept by all men the Lieges & Subjects of us our heires & successors (as farre as it nuiy concerne them) & under the paines in them expressed & to be expressed yet soethat the foresaid lawes & ordinances be consonant to Reason & not repugnant or contrary but (as conveniently as may be done) consonant to the lawes, statutes, cus- toraes & rights of our Realme of England. And because in the Government of soe great a Province sudden chances many tirae> happen to %^-hioh it ^tHI be necessary to apply a remedy before COLONIAL RECORDS. that tlie Frtvlioldors of the sayd proviiu'e can l>e called together to make lawe.s, neither will it be eunvenieiit, ujioii a continued title in an emer- gent occasion to gather together .soe great a people therefore for the better Government of the sayd Province, we will & ordaine & by these presents for Us our Heirs & Suceessoi-s; doe grant unto the said S'' Robert Heath his Heires & Assignes by himself or by magisti'ates i*t officers duly consti- tuted for that purpose (as before is sayd) shall & may have power from time to time to make & constitute wholesome & convenient Ordinances within the Province aforesaid & l)e kept & observed as well for the pre- serving the peace as for the better Government of the people there liveing ; & to give publicke notice of them to all whom it doth or may concerne : which Ordinances we will that they l)e inviolably observed within the sayd Province under the paines expressed in them soe as the sayd Ordi- nances be consonant to Reason & not repugnant nor contrary, but (as con- veniently as may be done) consonant to the laws, statutes & rights of our Realme of England as is aforesaid soe alsoe that the same Ordinances extend not themselves against the right or interest of any person or per- sons or to distrayne bind or burden in or upon his freehold goods or chattels : or to be received any ^^'here then in the same Province or the Isles aforesayd. Moreover that New Carolana may happily increase by the multitude of people thronging thither & alsoe that they be firmely defended from the incursions of the Barbarous & of other practicall or plundering ene- myes. Therefore we for ourselves our Heijes & Successors at the will & pleasure of the sayd S" Robert Heath his heires and assignes, doe give & grant by these pi'esents to all men & our subjects, leiges of our heires and successors both those in present & to coiiie (unless it shall be in an espe- ciall manner forbidden) power, licence & libertye to build & fortifve themselves & their family es in the sayd Province of Carolana for the publicke safety of their seats there planted, tilled & inhabited with forts castles & other fortifications, with fitting shipes alsoe & convenient furni- ture for transportation the statute of fugitives or any other ^vllatsoever contrary to these premises in any wise notwithstanding We will alsoe & for L^s our Heires & successors out of our great favour we firmely comand constitute ordaine & require that the said Province be in our Allegiance & that all & every our subjects & leiges & of our heires & successors brought or to be brought into the said Province, their children either their already borne or hereafter to be borne are & shall be Naturall and leiges to us our Heires & successors & in all things shall be held, treated re- puted & accounted as faithfull leiges of us, our heires & successors borne in our Kingdom of England. And alsoe that they shall possesse lands, 10 COLONIAL EECORDS. tenements, rents services & Hereditaments whatsoever with onr King- dome of England & other t)ur Dominions to purchase, receive, take, have, hold, buy and possesse & then to use & enjoy & alsoe then to give sell alienate & bequeath & alsoe all libertyes, franchises & priviledges of this our Realrae, to have & possess freely quietly & peaceably & that they may use & enjoy them as om* leiges borne or to he borne within our King- dom of England, without impediment, molestation or vexation, claime or grievance from us our Hcires & successors whatsoever ; any statute, act, Ordinance or provision here upon to the contrary notwithstanding : furth- ermore that our subjects may be incited with a ready & cheerfull mind, to undertake this expedition with the hope of gaine & the meetnesse of privileges. Know that we out of our especiall fiivour, certain knowl- edge & meei'e motion doe give licence & grant free power, as well to the said S' Robert Heath Knight his Heires & assignes as to all others who shall goe from time to time to inhabit in Carolana aforesaid, all & singu- lar their goods as well moveable as immovable wares, merchandize alsoe weapons & warlicke instruments offensive & defensive in any ports of ours, our Heires & successors to be laded in shippes, for to be transported into the province of Carolana, by him or his, or their assignes & this without molestation by us our Heires & successors or any officers of us our Heirs or successors, or farmers to us, our Heii'es & successors : pay- ing notwithstanding to us, our Heires & successors all & all manner of impositions, subsidyes, customes & other Dues for the sayd things wares & merchandises soe exported as are usuall & accustomed, any statute act Ordinance or other thing whatsoever to the contrary notwithstanding. Alwaies provided that before the sayd Goodes, things & merchandises are carried to & loaded in the shippes that licence for them be desired & ob- tained from the High Treasiu'er of the Kingdonie of England to us, our heires & successors, or the commissioners for our Tresurye or from six or more of the Privy Councell, of us our Heires & successors inscribed under their hands To which Tresurer Commissioners & privy Councell of us our heires & successors or to any sixe or more of them; we for our- selves our Heires & successors have given & granted as by these presents we doe give & grant power to grant licence in the form aforesayd. And because in soe remote a Region, seated among so many barbarous nations it is probable that the incursions as well of tliose Barbarous as of other enemyes Pirates & Robbers may cause feare. Therefore we for ourseh'es our Heires & successors have given to the foresayd S'' Robert Heath Knight his heires & assignes by himself his Captains or other his officers, that all men of whatever condition, or -wherever borne, being at that time in the Province of Carolana power to call to their colours, to cause COLONIAL RECORDS. 11 Musters to make warre, to pursue enemyes & Robbers aforesaid I)y laud & sea, even beyond the bounds of his province, and then (witli Gods blessing) to overcome & to take, & being taken by right of warre to slay, or according to his pleasure to preserve, & all & every thing which doe appertaine to the right & office of a Captaine Generall or have been used to appertaine to be done & by these presents doe give full & free power as any Captaine Generall ever had. Will will also & l)y this our charter doe give power, liberty and Authority to the foresayd S"" Robert Heath Knight his heires & assignes that in case of Rebellion sudden tumult or sedition, if any such shall chance to be which (God forbid) either upon the land within the Prov- ince aforesayd, or upon the wide Ocean, either makeing a journey towards Carolana aforesayd or returning from thence, w^e by these pres- ents for us our heires & successors doe give & grant power and author- itye most ample to himself or by Captaines Deputyes or other their offi- cers authorised to this purpose under their scales, against all authors of innovations, seditions against the Government of him or them, with- drawing themselves speakers evill of the melitia, renegadors, deserters or any others whatsoever offending against the matter manner & discipline military shall by them be punished by law militarye soe freely and in such ample manner & forme as any Captaine Generall by the vei-- tue of his office may or could doe. Furthermore least the way to Honours & Dignityes may seem to be shutt & altogether barr'd up to men honestly borne, & are willing to undertake this present expedition & are desirous in soe remote and far distant a Region to deserve well of us & of our kingdomes in peace & warre for that doe for (jurselves our heii-es & successors give full & free power to the foresayd S'" Robert Heath Knight his heires & assignes to confcre favoui-s graces & honours upon those well deserveing citizens that inhabit within the foresayd province & the same with whatever Titles & dignityes (provided they be not the same as are now used in England) to adorne at his pleasure alsoe to erect villages into Borowes & Borowes into Cittyes for the meritts of the inhabitants and conveniency of the places with priviledges & befitting immunityes to be erected & incorporated, & to doe all other & singular upon the premises ^vhich shall seem most con- venient to him or them, although they be such which of their owne natures doe require mandates or warrant more especiall then is expressed in these presents And because the beginnings of Colonys & all publicke goods & aflfavres doe want to labour under divers inconveniences & diffi- cultyes, therefore wee favouring the beginning of this present Colonye, & that those that are molested in one thing may be releived in another 12 COLONIAL RECORDS. providing by our kingly care, out of our espetiall grace, certaine knowl- edge & moor motion, by this our chailer do give and grant licence to the foresayd S"" Robert Heath his heires & assignes & to all the Dwellers & inhabits of Carolana aforesayd whatsoever both present & to come: That whatsoever wares and merchandises out of the growth & increase of the sayd Province by land or sea, freely to bring by himselfe or his factors or assignes into whatever port^ of us, our heires & successors of our king- domes of England or Ireland & them to unlade and otherwise thereof to dispose, or if need be continually to keep for a whole yeare the sayd mer- chandises from being unladed, or them againe into the same or other shippes to lade, & to export them into what Regions soever they please whither ours or others strangers. Alwaies provided that soe many & such Customes impositions subsidyes & Toles & other dutyes which they are bound to pay to us, our heires and successors & onely such & the like as our other subjects for the time beeing are bound to pay, beyond what & which by noe meanes we will that the inhabitants of the aforesayd Carolana be molested or greived. And furthermore of our more ample & espetial favour & out of oui' certaine knowledge & meer motion we for ourselves our heires & succes- sors doe grant to the foresayd S'' Robert Heath Knight his Heires & As- signes full & absolute power and authority of makeing erecting & con- stituting within the foresayd province of Carolana & the Isles aforesayd soe many or such sea-ports stations of shippes creeks & other places of ladeing for shipjjes boats & other vessells & in soe many & in such like places & with such rights jurisdictions libertyes & priveledges belonging to the like ports as to him or them shall seeme most expedient & that all & singular shippes boates & other vessells whatsoever, for whatever cause of merchandising comeing to or goeing from the sayd Province shall be laded & unladed only at such ports as shall be erected & appointed soe bv the savd 8'' Robert Heath his Heires or assignes any use or custome or anv other thing notwithstanding. Alwaies saveing & reserveing to all our subjects of our Kingdom of England our Heires & successors libertv of fishing as well in the sea as in the creeks of the foresayd Prov- ince & priveledge to salt harden & drye fishes upon the shores of the said province; as it hath been reasonably used & enjoyed heretofore anything in these presents to the contrary notwithstanding. All which libertves & priveledges the subjects of us our heires & successors as is afores'' shall enjoy yet without doeing any notable hurt or injurye in any way to the afores'' S'' Robert Heath his heires & assignes or to the Dwell- ers or inhabitants on the ports, creeks & shores aforesayd of the same Province; & more especiall in their Trees there growing; And if any COLONIAL RECORDS. 13 one committe any .such liarme or injurey lie shall nndergoe the peril & danger of the highest displeasure of us our heires & successors & the due chastisem' of the Law. And if by chance hereafter some doubts & ques- tions may be framed about the true sence & meaning of any word clause or sentence contain'd in this our present charter ^ve will, enjoyne & com- aTid that alwaies & in all things that iuterjjretation be used & shall be received in all our Courtes which shall be judged more benigne profitable & favourable to the foresayd S' Robert Heath Knight his Heires & assignes & to the Dwellers & inhabitants of the foresayd Province, pro- vided alwaies that noe interpretation be made by which the religion of the holy God & true christian, or the Allegiance due to us our heires & successors may suffer in the least any lessening prejudice or losse. \ev- erthelesse we will & our trust in the aforesayd S"" Robert Heath Knight his heires & assignes is & the aforesaid S'' Robert Heath Knight for him- selfe, his heires executors & assignes doth agree & grant to & with us our heires & successors that the sayd S' Robert Heath Knight his heires & assignes in the Province & foresayd Isles to be planted & inhabited shall soe behave themselves in all things as we by our instructions and direc- tions signed with our Royall hand as aforesaid most espetially to instruct & direct them, shall thinke most convenient and necessary for our honour & service. Neverthelesse alwaies provided that it shall happen the River or Riv- elett or Isles aforesayd or other the premises or any part or parcell of the same to be now granted to any person or persons by us or by our deare father King James, or is now actually possessed or inhabited by any of our subjects or by the subjects of any other Christain Prince or State, that then those our letters patents & all in them conteined, soe farre as the conteine soe much of the premises soe granted, and are now s(j actually possessed & inhabited as is aforesayd shall be void & of noe effect. These our letters patents or an\i;hing in them conteined to the contrary in any wise notwithstanding And that expresse mention &c: In witnesse whereof &c: Witnesse the King at Westminster the thirtveth dav of Oct : '^ V" de privato sigillo And we have thcjught fit by these presents to exemplifye the Tenour and inroUment of (jur foresavd letters patents, at the request of the foresayd S'' Robert Heath Knight. In Testimony whereof we have caused these our letters to be made patents witnesse our selfe at Caubury the fourth dav of August in the seventh year of oiu- Reign. Rob : Rich ] Exam : bv us { et V clerckes. Jo : Mvchell 14 COLONIAL RECORDS. 1638. [B. P. K. O. Virginia B. T. Vol. 8. D. 3.] THE LORD MATRAVERS PATENT FOR THE COUNTY OF NORFOLK &c. IN VIRGINIA 22d JANUARY 1637-8. This Indenture made the two and twentieth of January Anno D"' 1637 and in the thirteenth yeare of the reigne of our Sovereign Lord Charles by the grace of God King of England Scothmd France and Ire- hmd Defender of the Faith &e. Between S"" John Harvey Knight Gov- ernor for the time being of the Colony of Virginia with the consent of the Council of State of the same of the one part and the Right Hon*'' Henry Lord IMatravers on the other part, Witnesseth, That whereas it hath pleased the King's most excellent Ma"^ by his Royall Letters being- date the eleventh day of Aprill in the thirteenth yeare of his Maj^ reigne to authorize and command mee the said S"' John Harvey with the said Council to assign and set out to the said Henry Lord Matravers and his Hevrs lor ever a competent tract of land in the Southern part of tlie ( Jolony to bear the name of a County and be called the County of Nor- folk upon such conditions for the time and manner of planting it as shall be found requisite for the generall good of the Colony and with such powers & priviledges as may be fit for a person of his quality Reserving to his Majesty his heires and successors the yearly rent ol' twenty shillings to be paid by the said Lord Matravers. and his heyres for the said County Now Know Yee that I the said S"" John Harvey Knight Governor and Captain General of Virginia with the consent of the said Councill of State by virtue of His Ma" said Royall letters to mee and the .said Councill directed And in consideration of the undertaking of the said Henry Lord Matravers to transport at his own costs and charges and to settle and plant divers inhabitants in the Colony for the advancement and generall good of the Plantation Have granted allotted assigned and confirmed unto the said Henry Lord Matravers and his Heyrs forever a certain territory and tract of land situate lying and being on the Southern side of .Tames River in a branch of the said Rivei' being called and Known l)y tlic Indian name of Nan.simund river here- after to be called Matraxcrs river towards the head of the said Nansa- mum River als Matravers river Being bound from that part of Nansa- mv.in river alias Matravers river where it divides itself into branches one (leuree in Ijongitude on either side of the river and in latitude to the COLONIAL RECORDS. 15 height of thirty five degrees iiorthorly liatitudc by the name aud appel- lation of the County of Norfolk And further 1 the s"* S"^ John Harvey with the consent of the s"* Council doe grant and agree to and with the said Henry Lord Matravers and his heires that when he or they have planted and peopled the above mentioned tract of land hereby to him and his heires assigned and appointed That then it shall be lawfull for him the said Henry Tiord Matravers tii make choice of and enter into and have as much more land in Virginia as is herein contained with the same and the like privileges to be had and chosen in such place and places where no English shall be then settled or inhabited or have made choice of and the same granted to them eyther by Patent or Order of Court To have and to hold the above mentioned Tract of Land according to the lymits and bounds thereof as also all and singular the Lands to be chosen as aforesaid with their and every of their appurtenances with all mynes as Avell Royall mynes of gold and silver as other mynes and min- eralls woods fishings fowlings huntings waters rivers aud all other Profits and Commodities and hereditaments whatsoever within the precincts of the aforesaid Territory or Tract of Land or to the foresaid Lands to be chosen unto the said Henry Lord Matravers and his heirs in as large and ample manner as any Grants have heretofore been made to any other Adventurers or Undertakers wdiatsoever either by the late Treasure!- & Company at any time since To be held of our said Sovereign Lord the King his Heirs and Successors as of his Mannor of East Greenwich in free and common soccage by fealty aud not in Capite nor by Knight's service Yielding and paying xuito our Sovereign Lor<l the King his Heyres and successors for ever one fifth part of tlie said Oare of all the Mines of gold and silver which shall be found within the lymits of the said Tract of Lajid and County of Norfolk aud the Lands to be chosen and taken up as aforesaid And likewise yielding & paying unto our said Sovereign Lord the King his Heyres and Successors for the said Countv of Norfolk the yearly rent of t^venty shillings at the Feast of St. Michael the Archangell unto the hands of his Maj. Treasurer for Virginia to beginn after the expiration of the first seven years after the date hereof And further it shall lie lawfull to and for the said Henry Lord Matravers or his Heyrs him or their Tenants and Servants and such as he or they shall contract with and employ for the said Countv to go and returne trade and traffick with the Natives or otherwise within the lymits of the Colony. Also to import and transport their goods and merchandises at their wall and pleasure paying only such duties to the Kings Majesty his Hevrs & Successors as the late Treasurer and Companv did or ought to have payd viz : Five Pound? '^ Centum for all imported 16 COLONIAL RECORDS. gotxls and Five Pfnuids "-^ Centum for all exported goods without any other taxes impositions burdens or restraints upon them to he imposed otherwise than bv the Grant or Consent l)v Grand Assembly of the Gen- eral Colony of Virginia and for the public necessary service tliereof And it is further Granted and agreed that the persons so to be transported shall not be taken away nor commanded eyther by the Governor for the time being of Virginia or any other Authority therefrom the business and emploiment of the said Henry Lord Matravers or his Heyi's and others contracted with and employed as aforesaid ujion any pretence what- soever (necessarv defence of the Country, preservation of the peace, sup- pressing tumults arising within the Land and tryals in matters of justice in Criminal cases of life and death or in civil case by appeale onely ex- cepted) And I the said S'' John Harvey \\ith the consent of the Coun- cill aforesaid doe further agree to and with the said Henry Lord Matra- vers and his Heyrs that it shall be lawfull to and for the said Henry Ijord Matravers or his Heyrs to make and ordaine such Officers & Com- manders Also to name and to frame such Orders Ordinances and Con- stitutions from time to time for the rule and government ordering & directing of all persons to be transported & settled within the said County So that the said Orders Ordinances & Constitutions be not repugnant to the Laws of England or t<:) the particular I.iaws of the Colony or to such Orders & Instructions as shall be from time to time directed from the King's Majesty or from the Lords of his Most Hon'''' Privy Councill to the Governor & Councill in Virginia (ordinary apjieals to th<' Court at James T'itv held by the Governor & Council onely excepted) And the said Hcnrv Lord Matravers for him and his heyrs doth Covenant and promise to and with the said ( rovernor and Councill that he or they shall and will within the time or tearme of seaven years from the date hereof plant and secure with a sufficient strength of people the said (Jounty of Norfolk herein by these presents granted. And further that the said Henry Lord Matravers or his heyrs shall from time to time during the said seaven yeares make or cause to be made a true Certificate to the Gov- ernor and Councill in Virginia for the time being of every person trans- ported and landed in Virginia or shipped for Virginia and dying before arrival to be entered by his INIaj. Secretary in Virginia in the Court Rolls kept at James City In witnesse whereof the said S' .John Harvey Knight Governor have to the (uie part of these present Indentures sett his hand and the Seale of the Colony and to the other part thereof the said Henry Lord ^latravers Itath sett to his hand and seale Rich: Kemp. JOHN HARVEY. ■ Secretary- ... rOLOXTAT. TIECORDS. 17 1643. [Hening's Virc4Inia Htatutks at Large— Makc:h, \M'S — Vol. 1, i'. 262.] FFOK ut^ much as WaltiT Austin, liicc Hof, Joscpli Johnson and Wal- ler Chiles foi' themselves and sneh otliers as they sh.all think titt to jovn with them, did petition in the Assembly in June 1641 for leave and encouragement to undertake the discovery of a new river or imknown land bearing west southerly from Appomattakc river. Be it enacted and confirmed that they and every of them and whom tliey admitt shall enjoy and possess to them their heires, executors or administrators or assigns all jirofitt whatsoever they in their particular adventure can make unt(» tliemselves by such discovery aforesaid, for fourteen years after the date of the said month January 1641, Provided there be reserved and paid luito his majest^ use by them that shall be appointed to receive the .same, the fifth part Royall Mines whatsoever. Provided also, that if they shall think fitt to employ more than two or three men in the said discover}' that thev shall then do it l>v conHnission from the Governour and Coun.sell 1653. [Hening's Virginia Statute:? at Large — July, leioS — Voiy. 1, p. .380.] VPON the petition of Roger Green, clarke, on the behalte of him.selfe, and inhabitants of Nansemund river, It is ordered by this present Grand Assembly than tenn thousand acres of land be granted unto one hinidred such persons who shall first seate on Moratnek or Roanoke river and the land lying upon the south side of Choan river and the branches thereof, Provided that such .seaters settle advantageously for security, and be suf- ficiently furnished with amunition and strength, and it is further ordered by the authority aforesaid, That there be granted to the .said Roger Green, the rights of one thousand acres of land and choice to take the same where it shall .seem most convenient to him, next to those persons who have had a former grant in reward of his charge, hazard and trouble of first discoverie, and encouragement of others for seating those southern parts of Virginia. 0 18 COLONIAL RECORDS. 1654. [Thitkloe's State Papers, Vol. II, p. 273. Kkprinteu fkojM Hawks's History of N. C] LETTER FROM MR. FRANCIS YARDLEY TO JOHN FARRAR, ESQ. tSir: — ViKulNlA, JiiXNEHAVEN, Xtli May, 1654. :^ ;|; :>: ;): :;; :;-: H^ ^; ;■; :ii ^ ^ :•; :iJ ^ ;^ ^ In September la.st, a young- man, a trader for beavers, being bound out to the adjacent part.s to trade, by accident lii,s .sloop left him ; and he, sup- posing she had been gone to Roanoke, hired a small boat, and, with one of his company left with him, came to crave my licen.se to go to look aft«r his sloop, and sought some relief of provisions of me; the which grant- ing, he set forth with three more in company, one being of my family, the others vvei'e my neighbors. They entered in at Caratoke, ten leagues to the southward of Cape Henry, and so went to Rhoanoke Island ; where, or near thereal)outs they found the great Commander of those parts with his Indians a-hunting, who received them civilly, and showed them the ruins of Sir Walter Raleigh's tort, from whence I received a sure token of their being there. * * * * * *****=!= ********* * Immediately I dispatched imuy a boat with six hands, one being a car- penter, to build the King an English house, my promise, at his coming first, being to comply in that matter. I sent £"200 .sterling in ti'u.st to purchase and pay for what land they should like, the which in little time they etfecttnl and purchased, and paid tor three great rivers, and also all such others as they should like of, southerly ; and in .solemn manner took possession of the country, in the name, and on the l)ehalf of the Common- wealth of England; and actual possession was solemnly given to them by tlie great Commander, and all the great men of the re.st of the prov- inces, in delivering them a turf of the earth with an arrow .<hot into it; and so the Indians totally left the lands and rivers to us, retiring to a new habitation, where our people built the great Commander a tiiir house, the which I am to furnish with English utensils and chattels. Sir, if you think got)d to acquaint the States with what is done by two ^"irginians born, you will honor our country. I have at this instant no present worthy your acceptance, but an arroAA- that came from the Indians COLOiMAI. in^X'ORDS. 19 inhabiting on the .South Swi, tlic which we puriiosi', (iod willing, to see this snnmuT, )iov obstante pericii/o. I humbly take leave, and ever remain, Sir, Vour true honorer and affectionate Servant to be eommanded, FRANCIS YARDLEY. For the worshipful John Farrae, Est^., at his Manor of Little Gidding, in Huntingdonshire. 1662. [Reoords of Pkrquimans County, Book A, No. 374.] Know All men bv these presents that I, Kileaeenen, King of Yeopim have for a valeiable consideration of .-;atisfiiction receivetl with the con- sent of my people sold, and made over and to ( Jcorge Durant a Parcel) of land lying and being on Roneoke Sound and on a River called by tlie name of Perquimans which. Issueth out of the North Side of the afore- said Sound which Land at present beai's the name of Wecocomicke, begining at a mai'kcd Oak Tree, which divides this land from the land I formily sold to Saml Prickiove and extending westerly up the said Sound to a Point or Turning of the aforesaid Penpiimans River and so u}) the eastward side of the said River to a creek called l)v the name of Awoseake, to-wit ; — All the Land betwixt the aforesaid Bounds of Sam- uel Prickiove and the said Creek; thence to the Head tliereof And thence through the \^^oods to the first Bounds. To have and to hold the tpiiet possession of the same to him and his heirs forever, with All Rights and Privi ledges thereunto forever from me or any Person or Persons \vhatH)evcr. .Vs witness mv hand this hrst dav of March 1661.— Test : Tho. Weajioitii Calrr Cat.t.f.wa y. Tlie mark nC t KILCOCANEN OR KISTOTANEX 20 COLONIAL RECORDS. 1663. [Records of Perquimans County, Book A, No. 376.] Whereas George Durant Hath Seated a Pkiiitation on Roanoke Sonnd and on a point called by the name of Wicoeombe at, or between two Rivers called by y' name of Perquinianis and Katoline and whereas I, George C'atchming have obtained a grant of the Honerable Governor of Virginia for the whole Neck betwixt the two Rivers y^ which grant was a part Belonging to the said George Durant be it known tlierefore unto all men by these Presents I the said George Catchmang do assign, make over and deliver untci him the above named George Durant that Parcell of land lying and being on y* same Neck, Begining at a small creek or Branch which issueth out of Perquimans River which divideth this land from the Neck called Langley's Neck extending down y'* said River Sound to a small Piece of Ground where y' said Durant did begin to clear but desisted. As also including y' same small piece of ground to y" eastward of his Plantation thence Northerly into the \\'oods which land I do engage myself my heirs, executors, administrators and assigns to Pattyn y*^ said & to make over the same being Patyned to him his heirs, exe<'Utors, administrators & assigns utterly disclaiming any right, title ct interest I, the said Catchmang have to y" same although it may be put into my Pattyn. I Witness wliereof I have hereunto set my hand this l?,th dav of March 10fi2. GEORGE CATCHMANY. Witness : John Jenkins Edw.\rd Remington. [Reprinted from Reviskd Stati'tes of North ('aroltna, Vol. II, Page 437.] THE FIRST CHARTER GRANTED BY KING CHARLES THE SECO.XI). TO THE LORDS PROPRIETORS OF ( AHOLINA. Charles the Second, by tlie grace of (xod, king of England, Scot- land, France and Ireland, Defender of the Faith, &v., To all to mIioui these present shall come: Greeting: 1st. M'hercas our right trusty, and right well beloved cousins and coun- sellors, Edward Earl of Clarendtni, our liioli chancellor of England, and COLONIAL KKdOKRS. 21 Georgt' Duke oi' AllK'nuirlc, master of our horse and eaptain general of all our forces, our right trusty and well heloved William Lord Craven, .John Lord Berkley, our right trusty and well heloved counsellor, Anthony Tjord Ashley, chancellor of our cxcliequer, Sir George Carteret, knight and haronet, vie<' chamberlain of t)ur household, and our trusty and well beloved Sir \\'illiani Berkley, knight, and Sir John Colleton, knight and baronet, being excited with a laudable and pious zeal for the propagation of the Christian faith, and the enlargement of our empire and dominions, have humbly besought leave of us, by their inditstry and charge, to transport and make an ample colony of our subjects, natives of our kingdom of P]ngland, and elsewhere within our dominions, unto a certain country hereafter described, in the parts of Amerit-a not yet cul- tivated or planted, and only inhabited by some barbarous people mIio have no knowledge of Almighty God. 2d. And whereas the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Cra^'en, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colle- ton, have humbly besought us to give, grant and confirm unt(_) them and their heirs, the said country, with priviledges and jurisdictions requisite for the good government and safety thereof: Know ye, therefore, that we, favouring the pious and noble purpose of the said Edward Earl of Clarendon, (ieorge Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, of our special grace, certain knowledge and meer motion, have given, granted and confirmed, and by tin's oiu- present charter, for us, our heirs and successors, do give, grant and con- firm to the said Edward Earl of Clarendon, George Duke of Albe- marle, William Lord Craven, John Lord Berkley, Anthony Lord Ash- ley, Sir George Carteret, Sir William Berkley, and Sii- John Colleton, their heirs and assigns, all that territory or tract of ground, scituate, lying and being within our dominions of America, extending from the north end of the island caUcd I^nckc island, which lieth in the southern ATrginia seas, and within six and thirty degrees of the northern latitude, and to the west as far as the south seas, and so southerly as far as the rivei' St Matthias, which bordereth upon the coast of Florida, and within one and thirty degrees of northern latitude, and so west in a direct line as far as the south seas aforesaid; together witii all and singular ])orts, har- bours, l)ays, rivers, isles and islets belonging to the country aforesaid ; and also all the soil, lands, fields, woods, mountains, fields, lakes, rivers, bavs and islets, scituate or beino' within tiie Ixiunds or limits aforesaid, 24 COLOKrAL RECORDS. ity of the uffciicc roijiiirus it, by taking awjiy lucmlx'V anil lito, (.ither by them, the said E^dward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Cai-teret, Sir William Berkley and Sir John Colleton, and their heirs, or by them or their dej>nties, lieutenants, judges, justices, magis- trates, offieers and members to be ordained or appointed aceordiug to the tenor and true intention of these presents; and likewise to appoint and establish any judges or justices, magistrates or officers whatsoever, within the said province, at sea or laud, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton and their heirs shall seem most convenient ; also, to remit, release, pardon and abolish (whether before judgment or after) all crimes and oifences whatsoever, against the said laws, and to do all antl e\ery other thing and things, which unto the compleat establishment of justice unto courts, sessions, and forms of judicature and manners (tf proceedings therein do belong, although in these presents express mention be not made thereof; and by judges and by him or them delegated, to a\vard process, hold pleas, and determine in all the said courts, and places of judicature, all actions, suits and causes whatsoever, as well criminal or civil, real, mixt, personal, or of any other kind or nature whatsoever; M'hich laws, so as afoi'esaid to be published, our pleasure* is, and we do require, enjoin and com- mand, shall be absolute, firm and available in Jaw, and that all the liege people of us, our heirs and successors, within the said province of Caro- lina, do observe and keep the same inviolably in those parts, so far as they concern them, under the pains antl penalties tliereiu expressed, or to be expressed : Provkhd nevertheless, ihut the saiil laws be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our kingdom of England. 0th. And because such assemblies of freeholders canni>t be so con- veniently called, as there may l)e occasion to rci[uire the saJiie, we do, therefore, by these presents, give and grant unto tiie ^aid Edward Va\v\ of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir A\'illiain Berkley, and Sir Jolui (olletou, tJieir heirs and assigns, i)y themselves or their magistrates, in that l)ehalf hiwfnlly anthoi'izeti, fnll |)ower and authority, from lime to time to make and ordain fit and wholesome orders and ordinances, within the province aforesaid, to be kept and obsei'ved as well tor the keeping of the peace, as for the better govern- rOT.OXTAT. RECORDS. 25 inent of the j)foj)l(' tlioiv iihidin^', ;ui(l tn juiUlisli tlu' same to all towlimn it may coiK't'rn ; wliicli oRliiiances, we do hy tiu'sc presents streightly charge and command to l»e inviohihly observed within tlic said province, under the penalties therein expressed, so as such ordinances he reason- able, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our kingdom of England, and so as the same ordinances do not extend to the binding, charging, or taking away of the right or interest of any nerson or persons, in their freehold, goods or chattels whatsoever. 7th. And to the end the said province may be the more happily increased, by the multitude of people resorting thither, and may like- wise be the more strongly defended from the incursions of salvages and other enemies, pirates and robbers, theretbre Me, for us, our heirs and successors, do give and gi'ant by these presents, poAver, license and liberty unto all the liege people of us, our heirs and successors in our kingdom of England or elsewhei'e, within any other our dominions, islands, col- onies or plantations, (excepting those who shffll)eesper4ally4<;'^''5i<^<^6n,) to transport themselves and families unto the said province, with con- venient shipping and fitting provisions, and there to settle themselves, dwell and inhabit, any law, statute, act, ordinance, or other thing to the contrary in any wise notwithstanding. And we will also, and of our more special grace, for us, our heirs and successors, do streightly enjoin, ordain, constitute and command, that the said province of Carolina, shall be of our allegiance, and that all and singular the subjects and liege people of us, our heirs and successors, transported or to be transported into the said province, and the children (jf them and of such as shall descend from them, there born or hereafter to be born, be and shall be denizous and lieges of us, our heirs and successors of this our kingdom of England, and be in all things held, treated, and reputed as the liege faithful people of us, our heirs and successors, born within this our said kingdom, or any other of our dominions, and may inherit or otherwise purchase and receive, take, hold, buy and possess any lauds, tenements or hereditaments within the same places, and them may occupy, possess and enjov, give, sell, aliene and bequeathe ; as likewise all liberties, fran- chises and priviledges of this our kingdom of England, and of other our dominions aforesaid, and may freely and quietly have, possess and enjoy, as our liege people born within the same, without the least molestation, vexation, trouble or grievance of us, our heirs and successors, any statute, act, ordinance, or provision to the contrary notwithstanding. 24 COLOXTAL EECORDS. ity ol the uli'eiu't' rcijiiircs it, hy takiiiu' away mciiilicr and life, either by them, the said E^dward Earl of Clarendon, George Duke of Alljemarle, William Lord Ci'aven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, and their heirs, or by them or their deputies, lieuteniants, judges, jnstiees, magis- trates, officers and members to be ordained or a[)])oint(^d accoi-ding to thi' tenor and true intention of these presents; and likewise to a])pt)int and establish any Judges or justices, magistrates or officers whatsoever, within the said province, at sea or land, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Antliony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton and their heirs shall seem UKjst t-onvenient ; also, to remit, releiise, pardon and abolish (whether before judgment or after) all crimes and offences ^\•hatsoever, against the said laws, and t(j do all and every other thing and things, which unto the compleat establishment of justice unto courts, sessions, and forms of judicature ami manners of ])roceedings therein do belong, although in these presents express mention be not made thereof; and by judges and by him or them delegated, to award j)rocess, hold pleas, and determine in all the said courts, and places of judicature, all actions, suits and causes whatsoever, as well criminal or civil, real, mixt, personal, or (if an\" other kind or nature whatsoever ; Mhich kiA\s, so as atbresaid to be published, our pleasun* is, and ^^c do require, enjoin and com- mand, shall be absolute, iirm and available in law, and that all the liege people of us, our heirs and successors, within the said province of Caro- lina, (1(1 ol)serve and keep the same inviolably in those |)aits, so far as thev concern them, under the pains antl jienalties therein expressed, or to be expressed: Provifled nerertheleux, {\\i\X the said laws be consonant to reason, and as neiu* as may lie conveniently, agreeable to the laws and customs of this our kingdom of Engliuid. 6th. And because such assemblies of freeholders cannot be so con- veniently called, as there may l)e occasion to re(|uire tlie same, we do, therefore, bv these presents, give and grant unto the -aid Kdward Vaw] of Claren(hin, ( ieorge Duke of All)en\arle, William Lord Craven, -lolni Lord Bei'klev, Anthony Tiord Ashley, Sir George Carteret, Sir William Berklev, and Sir John ( 'olletou, theii' heirs and a.-.signs, by themselves ol' their magistrates, in that iiehalf lawfully antliorized, full power and authoritv, from time to time lo make and ordain til and wholesome orders and ordinances, within the province aforesaid, to be kept and observed as well for the keeping of the peace, as for the better govern- rOTvOXTAT. RECORPS. 25 ment of tlio }»t'()])U' t\u'\v nhidiiiii-, iiiid to |Hil)lisli the same to all towlioui it may coiu'erii ; wliidi ordiiiaiices, we do hy tlicsc pi't'sents strei,i;:litly charge and coimuaiid to he inviolably obsci-vt'd within the said province, under the [)enalties therein expressed, so as such ordinances l)e reason- able, and not repugnant or contrary, l)ut as near as inay be, agreeable to the laws and statutes of this our kingdom of England, and so as the same ordinances do not extend to the binding, charging, or taking away of the right or interest of any person or ])ersons, in their freelxjld, goods or chattels whatsoever. 7th. And to the end the said })rovince niuy be the more happily increased, by the multitude of people resorting thither, and may like- wise be the more strongly defended frou) the incursions of salvages and other enemies, pirates and robbers, therefore we, tor us, our heirs and successors, do give and grant by these jn-esents, power, license and liberty unto all the liege people of us, our heirs and successors in our kingdom of England or elsewhere, within tiny other our dominions, islands, col- onies or plantations, (excepting those who shall be~espmally_Jt()r]3idden,) to transport themselves and families unto the said province, \Aith con- venient shipping and fitting provisions, and there to settle themselves, dwell and inhabit, any law, statute, act, ordinance, or other thing to the contrary in any wise notwithstanding. And we will also, and of our more special grace, for us, our heirs and successors, do streightly enjoin, ordain, constitute and command, that the said province of Carolina, shall be of our allegiance, and that all and singular the subjects and liege people of us, our heirs and success(jrs, transported or to be transported into the said province, and the children of them and of such as shall descend from them, there born or hereafter to be born, be and shall be denizons and lieges of us, our heirs and successors of this our kingdom of England, and be in all things held, treated, and reputed as the liege faithful people of us, our heirs and successors, born within this our said kingdom, or any other of our dominions, and may inherit or otherwise purchase and receive, take, hold, buy and possess any lands, tenements or hereditaments within the same places, and them may occupy, possess and enjoy, give, sell, aliene and Ijeqneathe ; as likcM'ise all liberties, fran- chises and priviledges of this our kingdom of England, and of other our dominions aforesaid, and may freely and quietly have, possess and enjoy, as our liege people born within the same, without the least molestation, vexation, trouble or grievance of us, onr heirs and successors, any statute, act, ordinance, or provision to the contrary notwithstanding. 26 COLOXIAL RECORDS. 8th. And rurtht'nuore, that our i^uhjccts of thi;^ our said kingdom of England, and other our dominions, may be the ratlier encouraged to undertake this expedition witli ready and chearful minds, know ye, that we of our special grace, certain knowledge, and meer motion, do give and grant by virtue of these presents, as Avell to the said Edward Earl of Clarendon, George Duke of Albemai'le, William I^ord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, and their heirs, as unto all others as shall from time to time repair unto the said province, \v\t\\ a jiurposc to inhabit there, or to trade with the natives of the said pr(.)vince, full lil)- erty and license to lade and freight in any poi't whatsoever, of us, our heirs and successors, and into the said province (jf Carolina, by them, their servants or assigns, to transport all and singular their goods, wares and merchandises, as likewise all sorts of grain whatsoever, and any other things whatsoever, necessary for the food and clothing, not prohibited by the laws and statutes of our kingdoms and* dominions, to be carried out of the same, without any let or molestation of us, our heirs and succes- sors, or of any other of our officers, or ministers whatsoever, saving also to us, our heirs and successors, the customs and other duties and pay- ments, due for the said wares and merchandises, according to the several rates of the places from whence the same shall be transported. We will also, and by these presents, for us, our heirs and successors, do give and grant license by this our charter, inito the said Edward Earl of Claren- don, George Duke ofWlbemarle, William Lord Craven, John Lord Berk- ley, Anthony Lord Ashley, Sir George Carteret, Sir ^A'illiam Berkley, and Sir John Colleton, their heirs and assigns, and to all the inhabitants and dwellers in the province aforesaid, both present and to come, full power and absolute authority to import or unlade by themselves or their servants, factors or assigns, all merchaiKhses and goods whatsoever, that shall arise of the fruits and connuodities of the said province, either by land or by sea, into any of the ports of us, our heirs and successors, in our kingdom of England, Scotland or L'eland, or otherwise to dispose of the said goods, in the said ports; and if need be, within one year next attei- the unlading, to lade the said merchandises and goods again into the same or other ships, and to export the same into any other coinitries either of our dominions, or foreign, being in amity with us, our heirs and succes- sors, so as they pay such customs, subsidies, and other duties for the same, to us, our heirs and successors, as the rest of our subje(>ts of this our king- dom, for the time being, shall be bound to pay, beyond which we will not, that the inhabitants of the said |)rovince of ('ai'olina. shall he any ways charged. COLONIAL RECORDS. 27 9th. I'lvcidcd iicrcrfhr/cxx, imd oui' will and pleasure is, and we have further for the consideration aforesaid, of our more esj)eeial grace, certain knowledge and lueer motion, given and granted, and hv these presents, for us our heirs and successors, do give and grant unto the said Edward Earl of Clai-endon, George Duke of Alhemarle, William Lord Craven, John Lord Bi'rklcy, Anthony Lord Ashley, Sir (xcoi-ge Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, full and free license, liberty and authority, at any time or times, from and after the feast of St Michael the archangel, which shall be in the year of our Lord Christ, one thousand six hundred sixty and seven, as well to import, and bring into any of our dominions from the said province of Carolina, or any part thereof, the sevei-al goods and commodities, hereinafter men- tioned, that is to say, silks, wines, currants, raisins, capers, wax, almonds, oyl and olives, without paying or answering to us, our heirs or successors, any custom, import, or other duty, for and in respect thereof, for and during the term and space of seven years, to commence and be accompted, from and after the first importation of four tons of any the said goods, in any one bottom, ship or vessel from the said province, into any of our dominions, as also to export and carry out of any of our dominions, into the said province of Carolina, custom free, all sorts of tools which shall be uscfull or necessary for the planters there, in the acconnnodation and improvement of the ])i'cniises, :uiy thing before, in these presents con- tained, or any law, act, statute, prohibition or otiier matter, or anv thing heretofore had, made, enacted or provided, or hereafter to l)e had, niade,^ enacted or pi-ovided, to the contrary, in any wise notwithstanding. 10th. And furtlierinore, of our own ample and especial grace, certain knowledge and meer motion, we do for us, our heirs and successors, grant unto the said Edward Eai-1 of Clarendon, George Duke of Albemarle, ^^^illiam Tvord Craven, John Lord Bei'kley, Anthony Jjord Ashley, Sir George Carteret, Sir AVilliam Berkley and Sir John Colleton, their heii's and assigns, full and absolute power and authority, to make, erect and constitute, within the said j)rovince of Carolina, and the isles and islets aforesaid, such and so many seaports, harbours, creeks and other jtlaces, for discharge and unlading of goods and merchandises, out of sliips, boats and otlier vessels, and for lading of them, in such and so mauv places, and with such jurisdiction, priviledges and franchises unto the said ports l)eionging, as to them shall seem most expedient, and that all and singu- lar the ships, boats and other vessels, which shall come for merchandises and trade into the said ]n-ovince, or shall depart out of the same, shall be laden and unladen at such ports onlv, as shall be er(^cted and constituted 28 C'OLONIAI. RECORDS. by the said Edward Earl of Clarendon, George Dnke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, and not elsewhere, any use, custom or any other thing to the contrary, in any wise notwithstanding. 11th. And wc do furthermore will, appoint and ordain, and by these presents for us, our heirs and successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley and Sir John Colleton, their heirs and assigns, that they the said Edwai'd Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir A\'illiam Berkley and Sir John Colleton, their heirs and assigns, may from time to time forever, have and enjoy, the customs and subsidies in the ports, harbours, creeks and other places within the province aforesaid, payable for goods, merchandise and wares, there laded or to be laded, oi' unladed, the said customs to be reasonably assessed, upon any occasion, l)y themselves, and by and with the consent of the free people there, or the greater part of them as aforesaid; to \\'hom we give p(nver l>v these jDrcscnts, for us, our lieirs and successors, upon just cause and in a due proportion, to assess and impose the same. 12th. And further, of our special grace, certain knowledge, and meer motion, we have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Ijord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full and absolute license, power and authority, that the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berklev, Anthony Lonl Ashley, Sir (jeorge Carteret, Sir William Berklev, Sir John Colleton, their lieirs and assigns, from time to time, hereafter, fi)rcver, at his and their will and pleasure, may assign, alien, grant, demise, or enfeof the premises, or any part or parcels thereof, to him or them that shall be willing to purchase the same, and to such per- son or persons as they shall think fit, to have and to hold, to them the said person or persons, thcii" heirs or assigns, in fee simple or fee tayle; or for tei-m for life, or lives, or years, to be held of them, the said Ed- ward Earl of Clarendon, George Duke of Albemarle, William Ivord Craven, John Lt)rd Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berklev and Sir John CV)lleton, their heirs and assigns, by COLONIAL IIKCORDfS. such rents, si-rvii-fs aixl customs, as shall seem meet to the said Edward Earl of Clareiuloii, (rcorov DiiUc oi" Albemarle, William Lord Craven, John Lord Berkli'v, Anthony Lord Ashley, Sir Georo'e ( "arteret, Sir William Berkley, and Sir dohn Colleton, their heirs and assi<rns, and not iiiunediately of us, our heirs antl suecesscn's, and to the same person and persons, and to all and every of them, we do give and grant by these presents, for us our heirs and suceessors, license, authority and power, that such person or persons, may hiwe or take the premises, or any par- eel thereof^ of the said Edward ICarl oi' Clarendon, George Duke of Albemarle, William Lord Craven, John T^ord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir AVilliara Berkley and Sir John Colleton, their heirs and assigns, and the same to hold, to themselves, their heirs or assigns, in what estate of inheritance whatsoever, in fee simple, or fee tayle, or otherwise, as to them and the said Edward Earl of Clarendon, George Duke of Albemarle, ^A'illiam I^ord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, shall seem expedient ; the statute made in the parliament of Edward, son of King Henry, hereto- fore king of England, our predecessor, c(jmm<jnly called the statute* of ^'quia emptorex terra rum;''' or any other statute, act, ordinance, use, law, custom or any other matter, cause or thing heretofore |)ublislied, or pro- vided to the contrary, in any wise notwithstanding. 13th. And because many pers(ms born, or iidiabiting in the said pro- vince for their deserts and services, may expect and l)e capable of marks of honor and favor, which, in respect of the great distance, cannot be conveniently conferred by us ; our will and pleasure therefore is, and we do by these presents, give and grant unto the said Edward f^arl of Cla- rendon, George Duke of Albemarle, ^Villiam Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berk- ley, and Sir John Colleton, their heirs and assigns, full power and auth(^rity, to give and confer, unto and upon, such of the inhal)itants of the said province, as they shall think do or shall merit the same, such marks of favour and titles of honour as they shall think fit, so as these titles of honour l)e not the same as arc enjoyed l)y,or cnnferred npon any the subjects of this our kingdom of England. 14th. And further also, we do by these presents, for us, our heirs and successors, give and grant license to them, the said Edward Earl of Cla- rendon, (tcorge Duke of Albemarle, William liord Craven, John Lord Berkley, Anthony T^ord Ashley, Sir George Carteret, Sir William Berk- *18 Ed. 1. West, a c. 1 p. 45. :iO COLONIAL KECORDS. lev, and Sir John Colleton, tlieii- heirs and iissitiiis, full power, liberty and lieense to erect, raise and build within the said province and places aforesaid, or any part or parts thereof, such and so many forts, fortresses, castles, cities, buronglis, towns, villao'es and other fortifications whatsoever, and the same or any of them to fortify and furnish with ordinance, pow- der, shot, armory, and all other weapons, ammunition, habilements of war, both offensive and defensive, as shall be thought fit and convenient for the safety and welfare of the said province and places, or any part thereof, and the same, or any of them from time to time, as occasion shall require, to dismantle, disfurnish, demolish and pull down, and also to j)lace, constitute and appoint in and over all or any of the castles, forts, fortifications, cities, towns and places aforesaid, governors, deputy gover- nors, magistrates, sheriffs and other officers, civil and military, as to them shall seem meet, and to the said cities, buroughs, towns, villages, or any other place or places witliin the said province, to grant "letters or char- ters of incorporation," with all liberties, franchises and jti'iviledges, requi- site and usefull, or to or within any corporations, within tliis our king- dom of England, granted or belonging; and in the same cities, buroughs, towns, and other places, to constitute, erect and appoint such and so many markets, marts and fairs, as shall in that behalf be thought fit and neces- sary; and further also to erect and make in tlie province aforesaid, or anv part tiiereof, so manv inannors as to them shall seem meet and con- venient, and in every oi' the said mannors to have and to hold a court baron, with all things whatsoever wliicli to a court baron do belong, and to have and to hold views of "frank pledge" and "court leet," for the t'onservation of tiie peace and JH-tter government of those parts, within such limits, jurisdictions and precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Loi-d Craven, John Ijord Berkley, Anthony Lord Ashley, Sii- George Carteret, Sir William lierklev, and Sir ,lohn Colleton, or their heirs, shall be appointed forthat })urj)ose, with all things whatsoever, whicli to a coui't leet, or view of f'laidc pledge do l)el(mg, the said court to be holden l)y stt-wards, to be (leputtHl and authorized by the said Edward Earl of Clarendon, dleorge Duke of Albemarle, William Lord Craven, John Lord Berkley, An- tliony Ijord Ashley, Sir (ieorge Carteret, Sir William Berkley, and Sii' John Colleton, or their heirs, or by the lords of other mamiors and leets, for the time being, when tlie same shall be erected. loth. And because that in so remote a country, and scituate among so many barbarous nations, and the invasions as well of salvages as of other enemies, ]Mrates and robbers, may probably be feared; therefore Ave have COLONIAL RECORDS. 31 given, and lor us, our lu'irs and succosors, do jiivc jtowcr, l)v these pres- ents, unto the said Edward, Earl of ( 'larcudou, (Jcorge Duke of Albe- marle, William Lord Craven, -loliu Lord Berkley, Anthony Txtrd Ash- ley, Sir George Carteret, Sir M'illiani Merkhy, and Sir .John Colleton, their heirs and assigns, by themselves, or their captains, or other their officers, to levy, muster and train all sorts of men, of what condition or wheresoevei' born, in the said province for the time being, arid to make war and pursue the enemies aforesaid, as well by sea as by land, yea, even without the limits of the said province, and by (lod's assistance to van- (juish and take them, and being taken to put them to death by the law of war, or to save them at their [)leasure; and to do all and every other thing, which unto the charge of a captain general of an army belongeth, or hath accustomed to belong, as fully and freely as any captain general of an army hath or ever had the same. 16th. Also our will and pleasure is, and by this our charter we give uuto the said- Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berklc}-, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colleton, their heirs and assigns, full power, liberty and authorit}', in case of rebellion, tumult or sedition, (if any should happen,) which God forbid, either upon the land within the province aforesaid, or upon the main sea, in making a voyage thither, or returning from thence, by him or themselves, their captains, deputies and officers, to be authorized under his or their seals for that purpose, to whom also, for us, our heirs and successors, \ve do give and grant In- these presents, full power and authority, to exercise martial law against mutinous and seditious persons of those parts, such as shall refuse to snbmit themseh'es to their government, or shall refuse to serve in the wars, or shall Hy to the enemy, or forsake their colours or ensigns, or l)e hjytcrers or straglers, or otherwise howsoever offending against law , custom or disci])liue military, as freely and in as ample man- ner anil form as any captain general of an army by vertue of his office, might or hath accustomed to use the same. 17th. .Vnd our further plcasiu'c is, and l>y these presents, tlir us, our iieirs and successors, we do gnmt unto the said PMward JCarl of Claren- ilon, George Didvc of Alliemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir (ieorge Carteret, Sir M'illiam Berk- ley, and Sir John Colleton, their heirs and assigns, and to all the tenants and inhabitants of the said })rovince of Carolina, both present and to come, and to every of them, that the said province and the tenants and inhabitant- thereof, shall not fi-oni henceforth lie held or reputed a mem- COLONIAL RECORDS. ber or part nl" aJiv culnny w Iwitsorvi'i- in Ainciica, ov elsewhere, now transported or made, or hereafter to l»e trans] xirted or made; nor shall be (le[)endinii' on, or subjeet to their government in any thing, but be abso- Intely seperated and divided from the same; and onr pleasnre is, by these presents, that they be seperated, and that they be snbjeet immediately U> onr erown of England, as depending thereof forever; and that the inhabitants of the said Provinee, nor any of them, shall at any time hereaftei- be compelled or eompellable, or be any ways snbjeet or liable to appear or answer to any matter, snit, eanse or ])laint whatsoever, out of the Provinee aforesaid, in any other of our islands, eolonies or domin- ions in America, or elsewhere, other than in our realiu of England, and dominion of NA ales. 18th. And because it may liap})en that some of the people and inhab- itants of the said provinee, cannot in their private opinions, conform to the publick exercise of religion, according to the liturgy, form and cere- monies of the church oi' England, or take and subscribe the oaths and articles, made and established in that l)ehalf, and for that the same, by reason of the remote distances of these jjlaces, will, we hope be no breach of the unity and uniformity established in this nation, our will and pleasure therefore is, and we do by these presents, for us, our heirs and successors, give and grant unto the said Edward Earl of Clarendon, (ieorge Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir (xeorge ('arteret, Sii- William Berkley, and Sir John Colleton, their lieirs and assigns, full and free license, liberty and authority, by such legal ways and means as they shall think lit, to give and grant unto such ])erson or jiersous, inhabiting and being within the said provinee, or any part tiiereof, who really in their judgments, aud .for conscience sake, cannot or shall not conform to the said liturgy and ceremonies, and take and sulist'ribe tiie oaths and articles aforesaid, or any of them, such indnlgencies and dis[)ensations in that behalf, for and during such tinu' and times, and with such limitations and restrictions as tliey, the said P^dward Karl of ( 'larendon, George Duke of .Vlbemarle, NVilliani Lord Cra\en, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir William Berkley, and Sir .Joim Colleton, their heirs or assigns, sliall in their iliscretion think tit and reasonalJe; and with this ex|)ress ])roviso, an<l limitation also, that such person and persons, to wlioni sneii indnlgencies and disjtensations shall be granted as afore- said, do and shall from time to time declare aud continue, all fidelity, loyalty and obedience to us. our lieirs and successors, and be subject and otiedient to all other the hnvs. ordinances, and eonstitntions of tlie said rOLOMAL HECOKl)^ 33 [n'ovincp, in all iiiatttTs whatsoever, a.^ \v<ll eeelp.siastieal as civil, and rln not in any wise distnrl) the peace and >ate(y thereof, or scandalize or reproach the said litnr^v, t'ornis and cerenionics, or anythinij relating- iherennto, or any person or ]>ersons w hatsocvei', t'oi- or in res|)ec( of" his or their use or exercise thereof, or his or their obedience and conforinitv, thereunto. HHli. And in case it shall liappeu, ihnt an\ donl)rs(jr (piestions should ari.se, eonceruinji' the true sense and nndcrstandino of anv word, clause or sentence contained in this our j)re8ent (diarter, we will, ordain and com- inand, that at all times, and in all things, such interpretation be made thereof, and allowed in all and every of onr courts whatsoever, as law- fully may be adjudged most advantageon> and favourable to the said Edward Earl of Clarendon, George Duke of .\lbeinarle, William Lord Craven, John Lord Berkley, .Vuthoiiy Lord Ashley, Sir George Car- teret, Sir William Berkley, and Sir John ('olleton, their heirs ajid assigns, although express mention be not made in tJK'se presents, of the true yearly value and certainty of the premises, or any jiart thereof, or of any other gitts and grants made by us, oui- aucrestors, or predecessors, to them the said Edward Flarl of Clarendon, Geoi-ge Duke oi' Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashlev, Sir George Carteret, Sir William Berkley, aiid Sir John Colleton, or anv other person or persons whatsoever, or any statute, act, ordinance, pro- vision, proclamation or i-estraint, heretofore iiad, made, jiublished, ordained or provided, or any other thing, cause (>r matter, whatsoevt'r, U) the contrary thereof, in any wise notwithstanding. In Witness, etc. Witness the King, at Westminster, the four and twentieth dav of March, in the fifteenth year of our reign, (1663.) PER IPSUM REGEM. [B. I'. K. O. t;oLuNiAL Entry Bk. Vuj.. 20. f. 1.] Sater-day May 23^'' 1663. Present The Lord Duke of Albemarle My Lord Ci'aven My Lord Berkeley My Lord Ashley M"^ Vice Chamberline S' J no. Colleton 3 34 COLONIAL RECORDS. Ordered 1. That ije|)revi-i(' be Iiigeneir tt Survcyo' tor ( 'iirruliiia 2. That he be allowed until some other way be found tor Ids 8vdisist- ance twenty shillings weekly to be paid him by Sir .^no. Colleton. ■S. That Sir Jno. Colleton be paid troni each respective Propryator 2o£ to be by him disburst as lie shall I'eceave ord' from the Major parte of the Pi'opryators 4. That there be reserved in every setlem' for y" Rropryators the quan- tity of 20000 Acres in such place or places as they or there Agents shall see titt to take up & that the same be bounded & leyed out for tJiem in y* beginning of each Setlement 5. That in each Setlement the Court ho\vses & hovyses for publique meetings be setled on the land & taken up & leyed out for the Proprya- tors. H. That mapps l)e printed of the Province an<l some declaration drawiic to invyte the planters with the conditions before mentioned tt both published. [B. P. K. O. Colonial Papers. Vol. 17. No. 39.] SIP .lOHN COLLETON TO DUKE OF .ALBEMARLE 10 JUNE 1668. May it please your Crace, There are divers people that desire to settle and plant in His Maj. Provinc^e of Carolina under the patent granted to your Grace and others l)ut that there is another like to that Province started by one M"" Mariot, steward to the Duke of Norfolk grounded on a ]iatenl granted in the \earc 1629 now above thiiiy fowre years to Sir Robert Heath and by him assigned to the Ancestors .of the now Didvc of Norfolk w°'" patent relates to certaine Articles to bee pertbrmed on the ])art of Sir Robert Heath, the patent i.s recorded but the Articles apjieere not in the records but the said ^P Mariot (who lives in Chancery Lane at tlii' next door to the Harrowe) pretends he has the patent and articles which being in force and not declined oi' made voidc will certainely liindei- that publique workc which is intended by the settlement and planting of Carolina, for the persons that at present designe thither expect liberty of conscience and without that will not goe, \v°^ by the patent to S'' Robert Heath can- not bee granted them and they cannot settle under the patent least the COLONIAL RECORDS. other geiitleuien shall jjive them trouhle or (listurlmiice So that there is a neeessitv of the |)]'esent reinovall of that obstacle which is hmiihlie left to the eonsideraoon of yo'' (xrace and the other noble persons concernM Y(/ Grace's most hnmblc sei'\-ant J NO. COl.LE'lON. Cockpitt 10 Junii KiC,;',. ^ [B. P. K. O. Colonial Paper.s. Vol. 17. No. 39. 1.] STATE OF THE CASE OF THE-DUKE OF NORFOLK'S PRETENSIONS TO CAROLINA. [INCLOSED IN SIR JOHN COLLETON'S LETTER OF 10 JUNE 1663.] The IS"" of 8"" in y" o"" year of King Charles the First was uranted to Sir Robert Heath the reagion or Province of Carrolina leying within the latitude of 31 and 36 inclusive upon the condition \' v' said S"' Rob- ert Heath or his assignes plant y'* s"* Province accoixling U> such Articles or Instructions as his then Majesty had given him under his sign Man- uell & privie Signett signed by his Secretary of State bearing date with the grant afores'^ AP Samuell Vassell had as he preten<ls an Assigneni' b'om S' Kubt. Heath for a tearme not yet expyred for y'" lattitude of 31, 32, & 33 <t y' heires of S'' Richard Creeuefeihl for y" remavneing part being 34, .">.") & 36 who say they never heard of any ])retence liy M' Howard or an\' of his Ancesters untill within these three monthes neither hath jVP' How- ard shewn any pattent or grant for y' same but })retends bv di.sconrse abi'oad y' y'' pattent to S"" Robert Heatli was taken in trust by .s"" Heath for some of his Ancestors. M'" Howard shewes no right nor tiie Artickles or In.st met ions bv w''' he was to plant although often sent for bv M' Attiirnev (ien" to Af"' Mer- riott M'' Howardes Sollissiter. Xeither hath S'' Robt. Heath. M' Howanl oi' any of ids .Vucestors AP Rich Oreenefeild or AT'' Va.ssell or anv of their A.ssignes planted any pai't of this Province there being about 3o vears past since v* grant Severall persons have a desire to plant in v'' s'' Province under the pat- tent granted by his now .Maj. to my liord High Chancellor, v' Duke of Albemarle & others JMit refusing to plant under the pattent to Sir Kobt. Heath & forbare to plant under the latter untill y' tii'st be made vovde 3« COLONIAL RECORDS. least when they have planted they shall receave trouble by y^ first pattent by meanes whereof the settlement of that hopefnll coUony \xilbe lost. It is therefore to be humbly desired y' his Maj. wilbe graciously pleased by an Act of Couucell to resume y" pattent to S" Robt. Heatii & all Grants from it bec^ause they ha\-e not planted nor doe nut shew y" Artiekles or Instructions menconcd in s'' pattent whereljy y" settlem' may goe forward whylst many people have stmiige desii-es tn it \v°'' will otherwayse dye and hardlv be revvved aaaine. [Mass. Hist. Collections — Thibd Series — Vol. 1., p. 56. Reprinted from Hawks's History of N. ('.] LETTER FROM THE ENGLISH MEMBERS OE THE CAPE FEAR COMPAXY TO THE LORDS PROPRIETORS. From London. Auyu^sl. 16(53. At a Meeiiny of Adventurers aboiU Cape Fayre. London, Thursday, Augu.st the (Jth, l(j6o. At a meeting of .several persons, who have, with several others of New England, subscribed themselves as adventurers for the carrying on a plan- tation in Charles River on the coast of Florida. 1. Whereas a ])aper in the name of the right honorable the Earl of C'larendon, lord high chancellor of P^ngland, George, duke of Albemarle, and divers other right honorable persons, to whom the whole coast of Florida hath lieeu lately granted by his most excellent majesty, hath been sent down to the said atlventurers, referring to certain proposals tendere<l to their said lordships, as the proper act and desires of the said adven- tnrei's, and l)eing an answer to the said jn'opo.sals; the .said adventurers, upon dilioent impiirv, not being able to find out who should be the au- thor of tile said pajier, do judge it their duty, in all hundileness, to acquaint their lordships that thev arc altogether strangei-s to it, and know nothing of the delivery of it. 2. That u))on consideration, uevcrtht'less. of their lordsliips' said pa- per, and of several concessions, privileges, and immunities therein freely offered bv their lordshi]>s for the cncoiu-agcmcnt of the said adventurers, and for tlic further promoting of the said plantation of Charles River, the .said adventurers cannot but acknowledge the greatness of the favor ('OJA)NiAL RECORDS. 37 ;iii(l (■ondesccnsioii of tlu'ir said l(>r(lslii))s to thciii, upon tlu' confidenci' and assni'ancc of whicli tli('\- crave leave t'nitlier to represent to tlieir lordships — ■"). Tiiat as they were invited at tirst to he suWseribers to tiie said plan- tation oi' Charles River, by several perst)ns of New England, so the oreat motive that did principally induce them to the said subscription was the liquid and eleai' assurance that was g-iven them, that tlie said New Englanders, had an eijuitable title to the liarbor ami soil of the said river, together w'ith the lands adjacent ; and that though many others of quality had long before indeed sailed upon the coast of Forida, and had set- tled and taken possession of some other part of that large and vast countiy, yet that the said New Englanders, and they only, \vere the first that did ever, bona fide, set foot in that particular harbor, and that did find out the entrance and discovery of the said river. Which thing, as it hath been confidently represented from these of New England unto tlie said adventurers here, so, upon the very ground oi' that as a truth, as also of the general custom in that and other plan- tations (as well Dutch and French as English), that all that buy lands of the chief kings in those places (who only challenge to themselves the having a right to the sale of them), shall enjoy the absolute benefit and propeitv of them again.st all persons, Englisli or others ; the said New Englanders having purchased the said river and soil, and lands adjacent, of the said kings, did so far presume upon the interest of the said pur- chase, together with the said di.scovery, as to gi\e directions to several of their friends here immediately to a])]dy to his majesty for a patent foi- the said river and soil, as belonging (according to their apj^rehension) of riglit to them, and as no way doubting the obtaining thereof, as may a))- pear by the copy of their said letter hither. 4. The said adventurers further humbly repi-esent. That as uj)on these grounds, and thes'c only, they became invited to share in the adventures of those in New England, and to east in at first a small sum for an as- sistance or supply to the said undertaking ; so, forasmuch as the said ad- venturers hei-e do act l)ut as a minor part of those other adventurei's there, and as wholly intrusted also from those there, they find not themselves (|Ualified or enabled to do any thing therefore here that may prejudice or conclude the other ad\cnturer> there, in that A\hicli may l)e their just |)re- tensiou or su])])nsition of a right, how weak or how much mistaken soever the givuind of that right ma\' possiblx- appear, which they deter- mine not. 38 COLONIAL RECORDS. The said adventurers further hnnilily represent — 5. That there cannot he any easy encourajienient for the planting of the lands of the said Charles River immediately from henoe, by reason of the excessive and insupportable charge that would attend such an un- deitaking of transporting and supplying all things necessary for tiie said plantation, at so great and so extraordinary a distance ; that as the under- taking, therefore, of the said plantation, and vigorous prosecution of it with men, cattle, and all other provisions as shall be judged necessary for the accomplishing and completing so great an engagement and action, must rationally be begun in, and set foith from, some other of the plan- tations abroad; so none is humbly conceived to be so lit to supply all those necessaries in abundance at first, and to do it at so easy a rate, as that of New England is. But forasmuch as all the English living in the several colonies of New England have ever held and enjoyed the benefits granted to other corpo- rations, and have ever had, as well as some other plantations, full liberty to choose their oavu governors among themselves, to make and confirm laws with themselves, with immunity also wholly from all taxes, charges, and impositions, whatsoever, nmre than what is laid upon themselves by themselves ; it is therefore the humble opinion of the said adventurers, and (as what thev fear) is humbly tendered to tlie considerations of their lord- ships— That the said sevei-al adventurers in New Euglaiid, who have some oi' them considerable interests and estates there, how much soever they have declared their willingness, ibrwardness, anil resolution to transport and remove themselves and their respective families unto the said Charles River, and to settle there, will nevertheless decline the said resolution again; and will not, l)y any arguments that may l)e used by the said ad- venturers here, be induced t(j unsettle themselves, and to run all the haz- ards that must be considered in such doubtful undertakings; nor, if will- ing, will be able to persuade othei-s to join with them there, if they shall hear, or be acquainted beforehand, that no one of the said privileges be- fore mentioned, and which have hitherto always l>een enjoyed by them, are like to be allowed or preserved entire to them. The said adventurers do further re]>resent, that at the present the un- dertaking of the plantation of the said Charles River lieth under some obloquy, that hath given a cluck to it; some that were sent from New England thither, in ordei' to tiie carrying on the said settlement, being- come back again without so much as sitting down u])on it; and for the better justification of themselves in theii' return, ha\e s])read a reproach COLONIAL RECORDS. 39 both upon tlip harbor and ii])oii the soil of tho rivor itwlf; which cheok, if now also sofondcnl with a disconraiicnicnt from hence, in reference to their fjovei'nnient, oi" with an intimation that they may not expect in the same river the same nsnal and aecnstoined privileges, that all the .said colonies of New Enfiland, with other colonies, have ever had, it is hnni- blv fearefl that all thouj^hts of fnrther proeeedinir in the said rivei- will be wholly laid aside l)y them. Wherefore, inasmuch as the said adventurers here liave only power to return back to those of New England what they shall receive as the pleas- ure of those right honorable ])ersons that are the lords patentees; foras- much, also, as from the several discourses had and favors already received, the said adventurers here cannot bnt have a strong confidence of their lordships' inclination and propenseness to give all just and possible en- couragement to undertakings, so jtublic as all things of this nature are ; the said adventurers could not Hnd any way bettei- how to discharge the faithfuhiess of that duty and respect which l)econies them to demonstrate towards tlieir lordshii)s, than thus candidly and sincerely to state to theii- lordships the nature of their adventure, partnership, and subscription with others, the nature also of their dependence on others, as being but a minor part to them of New England, and as having their discretions here intrusted, at furthest, no further than for the olitaining and seciu'ing such things, too, for them of New England, as are pursuant to the direc- tions sent hither from them, anil as they here shall judge may most tend to a satisfactory and lasting encouragement to them. [H. F. K. O. Col: Ent: Book. No. 20. p. 10.] PROPOSE.U.LS OF SEVERALL (GENTLEMEN OF BARBA- DOES .vrt^rST this ]2th ]()(;:]. Severall gentlemen and |)ersons of good (juality in this Island being \ei'y sensii)le of the great loss and sad disa|)])oyntment that might redowntl to the English nation in Generall as well as to many pai'tieular persons y' ingaiged and intended to" ingaige in the settlement of an Eng- ligh plantation in that goodly laud of FliM'ida by the eivill report bruited thei-eof, by those sent from new England to setle at Cape Faire contrary to what M'' William Hinton and the i-est with him sent to discover that (Viast did and doe affivine rhereof, and havino greate contideniv in the said 40 COLONIAL RECORDS. Hinton's fidellity and honest indeavowrs therein, have out of an farnest desire and confident persuasion of a happy settlement for our English nation in tliose parts, now againe hired and sent the above said M' Hin- ton with his ship adventure and twenty two men well fitted and victu- alled for 7. months for discovery of that coast soutlnvards from Cape Faire as far as -U. degrees north latitude: in which design of discovery there are and will l)c above 2 hundred gentlemen and amongst them many persons of good qnallity in this Island, wlmc arc and wilbc at a considerable charge tlierein. The said Adventures doe earnestly with all Humillity desire and request that those Noble innlertakers whoe have lately obtayned a charter of the Province of Carrolina from his Royall Maj*'^ wilbe pleased with as much eonvejiieut speede as may be to send them an examplification of there said Charter under the bi'oade scale of England fully recited ; and togeather therewith and by vei-tew of tlu' <aid chaiter to impower and authorize the aforesaid Adventurers or such of them as the said Grantees shall judge fitt to nominate togeathei- with the rest of there Assotiates and freinds, them there heires and assignes to take up and ])urchase of the natives such certine tract or tracts of Lands as they and such as they shall send theither to setle may or shall linde fitt for the accommodation of themselves and of there freinds there, in the forme and manner of a County or Corporation, not exceeding or about the quantity of thirty or thirty two niyles square, or one thousand sipiare mylc> which they desire may be called the Corporation of the Barbados Adventures, and that the said tract or tracts of land. County or Corporation, they desire may Ix' granted and confirmed to them and there Assotiates, and to theire heires and assignes for eaver, in full, free and aMq>]e manner aiul with the same power, 2)rivil('ilges, jurisdictions and Innnuiiityes as tiic af(>resaid Prov- ince is granted to them by his Majestic. Ami if any more or other rents, acknowledgements or services be or shalbc desired, expected or re(|utred then the proportion of what is In* them the said pattentes or first under- takers to be paid and allowed to his Majestic it may be by them asser- tined and expresly set downc in theie said (Irauntc tn these said Barl)a- (los Adventui-cs, before they shalbc at fni'ther ('ost. Charge or troble to sctlc it whicli they desire to know as soon as may l)e for that heare arc many hundreds of noble famillyes ana well experienced planters that are willing and ready to remove spedily theither to begin a setlement as afore- said and to beare the brunt thereof, if they shall receave such incorrage- ment as is expected as aforesaid from soe noble and worthy undertakers a:- we do understand are concerned a? principalis in ;aid Charter -^hich COLOXIAL KKCORDS. 41' privilfclges and iiicdrri-iiicnicuts thcv ;ii'c ilic latliiT lioald t(i px])t'ct Adven- tures not onciv till' there \i<i(iri>Ms and i-ead\ appearini:' to promote the further (hseoverv ami hopetul setU'nieiit there ut" at siieh a time as this, when soe greate a eloude of obseurity was east upon it hnt alsoe from the aptness of the people heare and persons heare iii^aiitNl to furtlier sueh a work as well tin- then^ ex|)erieneed planters as foi- the unnd>er of tliere Negro.s and otJier servants titt for sneh lal>or a> wilhe there reipiired, an<l doe alsoe find the less cause to doulit fii' the desired trust to be reposed in them, in I'egard many of there number consists of persons of good (piallity titt to manage the Government of soe considerabU' a corporation, wiioe with there freinds and associates doe desire to expect to liaye the sole power of electing all delligates, ( jovernors and officers, and making Jjawes, and goverening amongst themselves acc(n-ding to the tenor and Priviledges of the said Grannte or charter from his Majestic, which if grante(^l soe, as to incorrage such a free and noble setlement as they be- leive and hope is aymed at; will nnieh promote the good and seedy setlement of many other very considerable corporations within the Ter- ritory and Dominions of the aforesaid Province. That alsoe desire that a Proclamation may be procured from the Kinge directed to all Governors in these his Majestie's plantations, requiring them not to hinder any free and uiiingaiged persons from going theither to setle upon any frivilus pretences \\'hatsoever : but rather to further the good and speedy settlement thereof that possible may be in order whereunto ; and that those noble persons to whom the Charter is graunted may the better know whome to appoynt and nominate as Prime Adven- turers and undertakers of the before mentioned corporation, the said Adventiu-ers doe intend by the next to send a list of such persons names as have already subscribed and of the committe Ijy them choasen to manage afiFaires heare for this yeare and until! some shalbe sent theither to performe the same upon the place unless the said undertakers in Eng- land shall please to leave in blancke the place for the said Committe ; to put in such persons names as they shall judge most fitt and find will- ing to goe speedily theither to begin the said settlement there. My Lord, We humbly advize you will be pleased to appoynt some persons with your Instructions to treate with them on there proposealls, and wee conceave to bringe them to accept of by Lawes onely in steede of Generall Laws, which they desire to have power to make it being fitt the whole Countxy should make the Generall La\^'es and that the Gov- ernors thev meane to choose should bee onlv such as in the ( 'ittv of Exon 42 COLONIAL EECORDS. vizt: Mavovs, Aldermen, Sherites, C'unstables, and the like, this wee c'oneeave may sattistie them, otherway.se they willie disturbed in Govern- ment whieh may cause Y(nu- humble servants THO: MODYFORD P: (X:>LLET0N. [B. P. K. O. Shaftesbury Papers. Bdle. 4S. No. 2.] AT THE COURT AT WHITEHALL The 12'" Day of August 1«68. His Ma"'' this day takin<> into consideration the State and pi-esent Condition of the Province or Region called Carolina in America and his Grant of the same by his letters Patents under the Great Seale of Eng- land to the Right Hono'"'* the I^ord High Chancellor of England, George Duke of Albemarle VA'illiam Lord Cra%'en John L(jrd Berkeley Anthony Lord Ashley Chancellor of the Ex(^heq'' S' George Carteret Knt Vice Chamberlain of his Ma''" househould S'' William Berkeley and 8'' John . Colladon Knts. And upon Information that all pretendors to former Grants of the said Province haveing been suuioned (according to foi-mer orders of this Boai'd) to bring or send to his Ma"'' Attorney Geuerall such letters patents writings, or other Evidences as they or any of them had setting forth their pi-etended titles thereunto, yet none of them have appeared or discovered any such pretensions, or Clayme.<. And for as much as no English whatsoevei' have, by \ertue of any such Grants iiitherto planters in the said Province, by which neglect such Letters patents (if any were) are become voyd : His Ma'" by and with the advice of his Councell doth Order and it is hcirby Ordered: That liis Ma'""* said Attorney Generall forthwith proceed either l)y Incjuisition or In' scire facias in the revoking all former Jjctters pattents and Grants of the said Province, or any other legall way wherein- to make and declare them voyd. And that from henceforth a rds, when any like Grant of any Sovereigne plantation shall be prepared to i>as-;<' his ^fa""' (xreat Scale. A Clause be inserted. That if within a certain number of yea res no plantation' be made and performed the said Grants shall become void. And it is further Ordered, that the sai<l Lord Chancellor. Duke of Allv^- raarle : and other the before named patentees do jiroceed in the planting COLONIAL RECORDS. 4.i of the said Proviuce of Carolina, and that in Order thereunto, they recei\e all Countenance favours and protections from this Board and that from hence forwards no pei'son or persons whatsoever do presume to goe into tlie said pi'ovincc or molest or disturl)c the said (Irantees or any Persons by them or any of them trusted or em])loy(;(l upon jiretencc of any iormer (xrant whatsoever, as tiiey or any (»f them do render this his Ma"' Co- mand, and will answer the contrary at their |)prills. CLARENDON. C T. SOUTHAMPTON ALBEMARLE ST ALBAN BERKSHIRE SANDWICH BATHE GILB: LONDON THO WENTWORTH MIDDLETON CHA: BERKELEY W COMPTON AVTLL MORICE HENRY BENNETT RICHARD BROWNE. [Rivers' Historical Sketches of South Carolina. Appendix, p. ."3-i. REPRiNTKn FROM Hawks's Htstory of N. f'.] A DECLARATION AND PROPOSALS TO ALL THAT WILL PLANT IN CAROLINA. 25 Aug., 16H;'>. His majesty having been graciously pleased, by his charter bearing date the ■24th of March, in the loth year of his reign, out of a pious and good intention for the propagation of the Christian faitii amongst the barbarous and ignorant Indians, the enlargement of his empire and dominions, and enriching of his subjects, to grant and confirm to us, Edward, earl of Clarendon, high chancellor of England, George, duke of All)emarle, master of his majesty's horse and ca])tain-genei-al of all his forces, William, Ijoni Craven, John, Loi'd Berkeley, Anthony, Loivl Ashley, chancellor of his majesty's exche((iier, Sir George Carteret, knight and baronet, \ice-chaml)erlain of liis majesty's household, William Berk- ley, knight, and Sir John Colleton, knight and i)aronet, all that territor\' oi' tract of oround with the islands and islets situate, Iviuu', and bcint;- in 44 COLONIAlv RECORDS. his dominions in America, extendino- from the north end of" the island called Lucke Island, wliicli lieth in the Southern Virginia sea, and within 36 degrees of" the northern latitude, and to the west as far as the South seas, and so southwardly as far as the ri^•er St. Matthias, which border- eth upon the coast of Florida, and within degrees of the northern latitude ; in pursuance of which grant, and with a dear and good inten- tion to make those parts useful and advantageous to his majesty and his people : we do hereby declare and propose to all his majesty's loving sub- jects wheresoever abi<ling or residing, and do hereby engage inviolably to perform and make good these ensuing proposals in such manner as the first undertakers of the first settlement shall reasonably desire. 1. If the first colony will settle on Charles River near Cape Fear, which seems to be desired, it shall be free for them so to do on the lar- l)oard side entering [south side]. If in any other part of the territory, then to choose either side, if by a river; we reserving to ourselves twenty thousand acrvs of land, to l)e bounded and laid out by our agents in each settlement, in such ])laces as tiiey shall see fit, antl in such maimer that the colony shall not be thereby incommoded or weakened; which we intend l)y our agents oi- assignees in due time to settle and plant, they submitting to the government of that colony. 2. That the first colony may have power, wiieii desii'ed, at thi'ir own charge to foitify the entrance of tlie river, as al>o tiie sea-coast and island; they engaging to \>v true and faithful to his majesty, his lieirs and successors, by some oath or engagement of their own framing. ■'3. That the undertakers of that settlement do, before they or any of them repair thithei- to settle, present to us thirteen persons of those that intend to go, of which number we shall commissionate one to be (xov- ernor, for three years from the date of his commission, and six more of the thirteen to l)e of his council, the majoi' part of which number, the Govern(,)r or his deputy to be one, to govern for the time afi)resaid ; and will also nominate successors to tlic ( ioNcruor, wiio shall l)e of the six councilloi's aforesaid, to succeed in tiie government, in case of death or removal ; and likewise councillors out of the remaining six of the thirteen to succeed in case of deatli oi' renio\al of any of the coiuicillors, and after tiie ex]>irati(ni of tiie lii-st three years, and so successively for every three years. I'pon or ix'foi'c the 2oth day of March, before the expiration of the time of the (Governor in, being a in w ])resentment l)v the freehohlers of the colonv, or liy such persons as tluy shall constitute, to Ijc made of the thirteen persons, four of which siiall consist of those that shall be in the "j'overnnient at tlie time of tiie election of tiie tliirteeii, out of which C'OLOxNlAL RECORDS. 45 we will, upon or before the lUtli ilay of April following, declare and c-onunissionate a Governor and isix eouneillor^; with tlieir ref^pective suc- cessor* in case and manner as aforesaid. 4. We shall, as far as our charter permits us, empower the major pari of the freeholders, or their deputies or assembly-men, to be by them chosen out of themselves, viz. : two out of every tribe, division, or par- ish, in such manner as shall be agreed on, to make their own laws, by and with the advice and consent of the Governor and council, so as they l)e iKit rejjugnant to the la\\s of England, but, as near as may be, agree- ing with them in all ci\il affairs, with submission to a superinteudency of a general council, to be chosen out of every government of the province, in manner as shall be agreed on for the common defence of the whole; which laws shall, within (me year after publication, be presented to us to receive our ratification, and to be in force until said ratification be desired and by us certified; but if once ratified, to continue until repealed by the same power, or by time expired. -j. ^^'e will grant, in as ample uianner as the undertakers shall desire, freedom and liberty of conscience in all religious or spiritual things, and to be kept inviolably with them, we having po^\er in our charter so to do. 6. We will grant the full benefit of these immunities to the undertakers and settlers which, by the charter, is granted to us (for our services to his majesty) in relation to freedom of customs, of tools of all sorts useful there, to be exported from England for the planters' use ; and of certain groAvths of the plantations, as wine, oil, raisins of all sorts, olives, capers, wax, currants, almonds, and silks, to be importctl into any of his majesty's dominions for seven years for Ciich conunodity, after four tons oi' every respective species is imported as aforesaiil in one bottom. 7. We will grant to every present undertaker for his own head, one liun(h'ed acres of laud, to him and his heirs forever, to be held in free and common soccage; and for every man-servant that he shall bring or send thitiu'r, that is fit to l)ear arms, armed with a good firelock musket, per- formed i)ore, twelve l)ullet> to the pound, and with twenty pounds of powder and twenty pounds of liullct.-, fifty acres of land; and for every w(,>man-servaut thirty acres ; and to cvci'y man-servant that shall come within that time, ten acres after tlic ex]>iratiou of his time; and to every woman-servant six acres after the expiration of her time. Note that we intend not licrcliy to l)e obliged to give the pro|)ortions of lands abo\e mentioned to masters and servants, longer than in the first five year>. to commence at the beginning of the first settlement. 46 COLONIAL RECORDS. 8. We will enjoin the Governor and council to take care that there lie always one man armed and })rovided as aforesaid in the colony, for every fifty acres which we shall grant, and that there be a supply to make up the number in case of death or quitting the colony by the owners of said lands within twelve months after uiviug notice of the deliect. In consideration of the pi'emises, \vc do expect by way of acknowledg- ment, and towards the charge wc have been and shall be at, one half- penny for every acre that shall be granted as aforesaid, within the time before limited and expressed ; and that the court-houses and houses lor public meetings be erected by the public moneys of the colony on the lands taken up by us ; but to be and c(>utiiuie to the coiuitry's use forever, they paying some small acknowledgment. Given under oiu' hands this twenty-fiftli dav oi' August, Anno Domini, 1 6fi3. [B. P. R. O. Col: Knt: Book. No. 2(K p. S.] LETTEH TO COL: THO: MODYFOKD .VXD PETEK COL- LETON ESQ- CoCKEPTT this ."'.()"' Aug\lst Kit)."). Sirs, Wee finde by a letter from M' Richard Eivaus M' .John Vassall and others as alsoe by another from you Coll : Modyford that severall people of Barbados have iuclynations to setle and plant in some parte of the province of Carrolina, whome we desire by all wayse and meanes to incor- rage, and that it may appeare soe, have inclosed sent you a declaration and proposealls under the hands of all those concerned tliat are in towne and those that are not have consented to it : which paper we desire you to communicate to all people that are disposed that way and to give what cop- pyes you please to such as shall desire them and to send others to the Barmothos Xew England and where elce you think fitt useing your Intei'cst for the propogation of this plantation and assureing the |)eople that what we propose shalbe performed: in which we resolve to be puu- tuall and circvnn.spect, we are informed that some ill willers to the setle- ment upon Charles river neare Cape Faire, have contrived the disorder that ha]>ned to those that lately went theithei" befoi'c the ships went from New England and that they went not into the brancli of the river in that Hilton was in, but by mistake went into anotlicr l)esides they tooke not the proper time of the yeai"e, for worke ; soe that wee hope that COLONIAL RECORDS. 47 that iniscarragv will not (liscorniiic ymir |)e(ti)le; we conceavt' it wilhe advantageous to the Kinge, his people, and ni(tre partienlarly to your Ilan- ders to goe on witli the setlenient where the ayre as we are informed won- drous healthy and temperate, the land proper to hare such eommodyties a-s are not yet produced in the otlu'r j)lantations and such as the nation spend in greate quantities as wine, oyle, (Hu-rants, reasons, silks &c by means whereof the money of the nation that goes out for these thhigs wilbe Keept in the Kinges Dominions and the planting pait of the peo- ple imploy there time in planting those eomod}i:ies that will not injure nor overthro\A the other plantations which may very well happen, if there be a very great increase of sugar \\orkes and more Tobacco, Gin- ger, Cotton, and indiecte made then the world will vent these reasons we conceave will coTiviuce the most concerned in your Islands to promote this worke, the proposealls sent are but heads ; we conceaving that sucli as shall undertake, will expect a more formall and large assurance ti»m us according to tliei'e oAvne Methhood ; which we shall willingly give when they desire the same, some people lieare propose that we should make choyce of a Governor without there presenting ; if your people desire the like it shall be done, more freedome then this we may not give ; but if any have any other way to propose that is not loss to us then this, we may consent to it. Wee ha\'e wi-itten to my Lord ^Villoby to coun- tenance at least not to discountenance your jn-oceedings herein, the busi- ness is the Kings and nations service more then oiu" owne, the ])romo- tion whereof by you is desired & not all doubted by \'Our [B. P. K. O. Col: Ent: Book. No. 2. p. 9.] A LKTTEH TO MV LOK'D WlIvLOHY FROM THK Dl^KE OF ALBEM.VKEF. Cockpit the ."{l of August. IHH'A. Ml/ LonL I presume you are not a stranger to his Majestie's Graunte of the Province of Carrolina to my Jjord Chancellors myselfe and others, whicJi we have undertaken to serve him and his people, and not our private Interest there are some persons of your Island of Barbadoes that have by there letters to me set forth there desires of beginning of or contriliute- ing to a setlement in tho,«e parts which I conceav'e will prove rather advan- tagious than otherwayes to those under your Government for that setle- 48 C01>0NIAL RECORDS. inent will clevirt many projilc tliat (Icsignc to pl-ajit from plantiiig there fommodyties wliiHi your plantation al)onn<ls in (of wiiicli ^rcaler qnan- titie^ l)ein^' made, will sinckc the maker) and pnt tliem npon sncli as vour lands will not 1 conceave produce, and as the Kin^e hath not yet within his Terrytories in quantity, although his people consume much o( them to the exhausting the wealth of the kingdorae, the comjiiodyties I meane are wine, oyle, reasons, currants, rice, silke <frc ; which commody- ties will be of good use and advantagious to your parts, as well as C'orne meale floMer beefe and poorke; which that Country as I am well informed from persons^ that liave planted in some parts thereof will in short time aboiuid in: for which reasons an<l being well assui'ed that you in all ycjur actions ayme at the publicke good, I desire that your I^ord will not hin- der but incorrage this setlement by which I am svn-e you will not only doe his Majestic good service but much oblige Your Lordship's Hund)le servant My Ijord Chancellor is gon to Cornebey whoe woidd 1 believe have joyned with me in this desire if he had beene in Towne; I have written my Couzen Modyford and Couzen Peter Colleton to promote; C-arrolina Plantation. T pray countenance them in it. [B. P. R. O. Col: Ent: Book. Vol. 20. p. 3.] (JOPPY OF A COMMISSION TO SIR WILLIAM BLRKELE^' TO CONSTITITTE AND COMMISSION ATE .A GOVERNOR FOR AI>BE:\[ARLE RIVER. Whereas his Majesty iiath Ween graciously pleased by his Charter baring date the 24th day of March in the 11. yeare of his Reigne for him his heires and successors To give, grant and contirme unto us Edward Earle of Clarendine Lord Heigh Chancellor of England Oeoi-ge Duke of All)emarle Master of his Majestie's horse, and Captain Generall of all his forces, William Tjord Craven, John Lonl IWkeley, .Vnthony Lord .\shley ( 'lianci'llor of his Majestie's E\che(|Uor Sir (Jeorge Carte- rett Knight and Barronet Vice Chamberliiie of his Majestie's hou.sehidd, Sii' William Herkelev knight and Sir John (\illeton knight and Bar- ronet our heires an<l .Vssignes for ever, all that Terrvtory or tract or (jronnd. now calh'il tlie Province of Carolina svttnate, lyeing and being COLONIAL RECORDS. 49 within his Mnjostio's Ddiiiiiiions in America oxtending from the north end of the Hand ealled Lneke Island, which lyeth on the Sonthernc Virginia Seas and witliin 36 degrees of the Northine Lattitnde, and to the west as farr as the sonth seas aforesaid with all and singnler harl)ors, bayes, rivers, Isles and Islets belonging to the Country aforesaid and alsoe all the soyle, lands, fields, woods, nionntayiies, farmes, lakes, rivers, bayes, Isles and Islets situate lyeing and lieing within the bounds and limitts aforesaid, with the fishing of all sorts of fish whales, sturgions and all other royall fishes in the sea, Bayes, Isles, Islets and rivers within the premises and the fish therein taken. And moreover, a power to con- stitute and appoint Governors and all other necessary Officers both mili- tary and civill, and to make, enact and ordayne I^awes by and with the advise and consent of the freemen of the said Pi-ovince or of the greater part of them there delligates or depntyes when and as often as neede shall require, and the said Ijawes to putt in execution by our deputy Justices &c. with many other powers, emmunitves and priviledges as in the said Charter unto which for more certinety we referr ourselves is contayned ; Now know all men to whom these presents shall come that we the said Edward Earle of Clarendine Lord Heigh Chancellor ()f England, George Duke of Albemarle ^Master of his Majestie's horse and Captain Generall of all his forces, ^^'^i]lia^ll Lord Cra\-en, John Lord Berkeley, Anthony Lt)rd Ashley Chancellor of his jVIajestie's Exchecpior, Sir George Carteret Knight and Barronet Vice Chand)eline of his jNIaj''"'*' household and Sir John Colleton Knight and Barronet, Doe by these presents give full power and ample authority unto the above named Sir William Berkeley Governor and Captain Generall of Virginia to nomi- nate, constitute and appoynt such persons as he shall conceive fitting to be and continew Governor of all that parte of the province afoi'esaid which lyeth on the north east side or starboard side entring of the river Chowan now named by us Albemarle river togeather with the Islands and Isletts within tenn leages thereof, for the tearme and time of yeares from the date of his Commission which he shall receave from the said Sir William Berkeley, he behaveing himself well ; and likewayes the same person or some other fitting person to be and continew Gov- ernor on the southwest or larbt)anl side entring the same river, and from the entrance thereof 20 leagues up the river and from the river side myles southerly into the land, for the tearme and time of yeares from the date of the Conmiission that he shall receave from Sir William Berkeley, he behaveing himself well as aforesaid. And alsoe to nomi- nate and appoint G fitting persons to be of the Councill of each Governor 4 50 COLONIAL RECORDS. if two ; to joyne with him or them in the Government in such manner as the said Sir William Berkeley shall direct, and to give the said Gov- ernor or Governors and his or there Counsell such power and authority as we by his Majestie's Charter have power to grante, for the well, good & peaceable government, of that CoUony or those Collonyes, and those people that are setled or shall come to setle there on the Islands or Isletts aforesaid, and moreover to the said Governor or Governors and Councill or Councillors full and ample power to elect constitute and appoynt all Officers Millitary and Civill which shall l>e convenient and necessary (the Secrytary and siu-veyors onely excepted) which we by his Majesty's Charter have jjower to constitute to be and continued during pleasure or good behaviour according to the Cliarter aforesaid and our instructions given you hearewith to give the said Governor or Governors and Councill or Councillors power by and with the advise and consent of the freeholders or freemen or the Major parte of them there deputyes or delligates to make good and wholesome lawes ordinances and consti- tutions for the better Government and good of the Collony or Collonyes which lawes shall be transmitted to us within one yeare after publication, there to receave our rattification but to be in force until by us denyed and the denyall certified and then to sease; and the said lawes to be put in execution, as alsoe a power to the Governor or Governors to grante and confirm lands to such as are there or shall come there to setle and plant according to such proposealls and Instructions as we send you hearewith and to act and doe all other things that may conduce to the good, welfare and well government of the people as farr as the Charter aforesaid Avith our Instructions, shall imjjower them to doe. Witness our hand and seales this day of 1663. [B. P. R. 0. Col: Ent: Book. No. 20. p. 5.] INSTRUCTIONS FOR SIR WILLIAM BERKELEY GOV- ERNOR AND CAPT.AJN GENERALL OF VIRGINIA IN RELATION TO THE SETLING AND PLANT- ING SOME PARTE OF THE PROVINCE OF CAROLINA. 1 . In regard that we conceave all men aaIII desire to setle there habita- tions upon the river in respect of the ease of there Carrage to the sea there transportation from place to place and the bennefit of the water and COLONIAL RECORDS. 51 fishing in the river, therefore that they may keepe neare togeather for there common defence, wee propose that whoeaver liath phmted or comes to phmt, have for himself and every man sarvant armed as in onr pro- posalls, one Chayne of land consisting of 66 foote in l)redth and 100 chayne from the river into the Country in lenkth and the remainder of his proportion of land to be noe nearei* then at the end of 200 chayne, from tlie ri\'er, whereby there may be roome for a second roe of planters next to the first, l)v meanes whereof there wilbe two hundred men armed and lodged within each myle and (piarter scpiar-e or thereabouts, which is c-onceaved to be better then in to>\'ues, for such whoos business it is to plant, for then each man wilbe where his business or the greater parte of it lyes, and 10 acres which is the proportions above, wilbe as much as one man can well plant and keepe cleane in that growing Country ; reserve- ing convenient home pasturage, tor the passage of those above; the I'e- maynder of mens proportions may be leyed out, where the Governor and Councill shall conceave it most regular and advantagious to keepe the people neare each other soe as it be at the end of 200 Chayne as is before exprest. 2. You are desired to cause 20000 Acres of land to be set out and bounded for the propryators in severall places, parte of which may be where a towne is like to be built, other parte some myles up the river and other some ujj into the Country where the land is good, and some on sides of hilles that looke to the southward wliich wilbe best for Vinniards and if it be possible where there is an advantage of a springe river or rivelet from whence the land may be with any art watered, which wilbe of mighty advantage in planting some commodyties especially vynes : which is conceaved wilbe most profitable, an aker in the Cannaryes pro- duceing £60. per ann : besides the duty thereof is greate heare, of which we are free. o. If the people that plant are not or shall not be willing to pay the Quit rent of | penny per acre ])resently you may give them two 3:4: or 5 : yeares for the convenience of there payments. 4. If those men which have jiurchased sliall for the better moddelling and secureing the plantations parte with there Interest bought of the Indians which they must doe the next possessor ought to pay him what he leyed out with some small advantage for his disburse, and if the party in jiossession have cleaned and planted (or either) more than his propor- tion of Grownd in bredth he ought to be compounded with for his charge of which the Governt)r and Councill to be Judue. 52 COLONIAL RECORDS. 5. The GoveriKjr or Governors and Conncill to give warrants, which are before delivery to be entred for the proportions of lande to be leyed out according to the proposealls and in manner as above (if you are pleased with the way) to the Surveyor, the Surveyor haveiug run out the land to certifve to the Secretary the ((uantity kyed out to and for each person with the Ixiunds thereof and on what poynt it lyes with a small plot of the same, this Certifficate to bee recorded by the Secrytary in a booke to be kept for the purpose, and then the Secrytary to certifie what the Surveyor hath done to the Governor or Govei-nors and Councill and that being done the Governor to make a Graunte to be drawne by the Secrytary and to be past under a seale that ^ve shall send with his hand to it, to the partye and his heires for eaver for whome the land is leyed out under the quit rent of one | penny per acre to commence Avhen you shall direct not exceeding 5. yeares from the feast of all Saints next. G. We propose that if you cannot find some other way to support the Governor out of the thing itselfe, that he have the sole trade of fures for 3. yeares, and if he conceave 3 yeares to little time for his eontinewance in the Government in regard the first setlement wilbe the brunt and dif- ficulty of the l)usiness, yon may assure him that we shall clioose him againe unless his misbehaviowr obstruct it. Wee doe likewayse propose that the Secrytary draw all the Grants of land, and that some fee be established for that and fi>r recording, certifie- ing and searching of records and coppyes of them for his maynetenance. Likewayse that some Fee be established fi)r the surveyor by the acre or day when hee surveyes i\n- liis support. [B. P. R. O. Col: Ent: Book. No. 20. p. 6.] A LETTER TO SIR WILLIA]\I BERKELEY. Cocke pitt this 8. day of Sepf 1663. Sir, Since you left us we have indeavonred to procure and at lenktli have obtayned his Majestie's Charter for the province of Carrolina. A coppy of which Charter and unto which we refer t)urselves, we doe hearewith send you since the sealeing whereof there started a title under a pattent graunted in the 5"' yeare of KInge Charles the 2* to Sir Robert Heath under which there hath beene a Claynu' Iw the Duke of Norfolkes COLONIAL RECORDS. 53 Agents :iii(l aiiotlK'i- by Sir Ric : Greeiu'ficlil.s lieires : but all tlifre that shall plant notwithstanding that patteut, are by a" Act of Kinge and Couneill seeured againstv.that pattent : and that pattcnt by Kinge and Couueill made Null and ordered to be made soe by the Kinge's Authnr- ney in the Courts of Law a coppy of which order we hearewith send you, soe that noe perst)U need not scru[)le planting under our pattent besides we have many more advantages then is in the other to incorrage the undertakers, we are informed that there are some people setled on the north east parte of the river Ciiowan and that others have inclynatiuns to plant there, as alsoe on the Larboard side entring of the same river soe that we hold it convenient that a Governor be fortlnvith appoynted foi- that Collony, and for that end we have by Captain Whittey sent yon a power to constitute and appoynt one or two Governors and Coiuicelles and other Officers unto which power we referr ourselves : we haveing onely reserved the nomination of a surveyor and secrytary : as officers that wilbe fitt to take care of your and our Interest, the one by faithfully leying out all lande the other by justly recording the same, the surveyor by name Monsiear Lepreyrie whoe we conceave will goe in this ship if not in the next he is reeomeuded by Sir George Carteret to be able that way antl a good Injenear for the making of fortifications. The secrytary is one INI"' Ricliard Cobthrop recomended t(_) us by my Lord John Berkeley, he hath the repute of an honest injeinous and stout man : he promiseth to be ready to goe hence within a moneth \\e shall hasten him to you. Wee doe likewayes send you proposealls to all that will plant, which we prepared upon receipt of a paper from some new England men that desired to setle neare Cape Faire, in which our condisentions are as low as it is possible for us to desend, this was not intended for your merrid- dian, where we hope to find more fassill people, whoe by your Interest may setle upon better tearmes for us, which we leave to your manage- ment which our oppiiiion that you grante as much as is possible rather then deter any from planting there, by our instructions and proposealls you will see what pniportions of lande we intend for each master and sarvant and in what manner to be allotted, but we understand that the people that are there have bought great tracts of land from the Indians, which if they shall injoye will weaken the ]ilantation. 1. First because those persons will in j)rol)obillity ki'cpe all that land to themselves, and soe make the neighbowrhood of otlicrs remote from there assistance in case of danger. 54 COLONIAL RECORDS. 2. If any new Commers would setle neare there habitations they will not pei-adventiire admitt it without purchasing and possibly upon hard tearmes which will discorrage people from planting; wherefore it is our resolution and desire that you persuade and compell those persons to be sattisfyed with such proportions as we allot to others which wilbe more then any such number of men, to and for whome these proportions are to be given, cann manage and therefore enough : more will but scatter the people and render them lyable to be easyly destroyed by any enymyes soe that the fixing the way that our Instructions mentions wilbe the best course of setling as we conc-eave, howeaver we doe leave it to you that are upon the place and cann best judge; desiring you to keepe this Let- ter and our Instructions and proposealls private to your selfe ; the rea- s(jn (jf giving you power to setle two Governors that is ol" each side of the river one, is because some persons that arc for liberty of Contience may desire a Governor of there owne pnjposing, which those of the other side of the river may not so well lik<', and our designe being to incor- rage those people to plant abroad and t(j stocke well those parts with planters : inciteth us to comply alwayse and with all sorts of persons, as tiirr as possibly we cann, you wilbe best able to judge when you heare all partyes and therefore referr the thing wholly to you, takeing your de- sign into consideration. Wee have granted to Sir Jno. Colleton the Island called by some C-arelyle Island lyeing neare Roanoake and Chowan river: he will leave it with you to take a parte with him if you please, soe that you may order possession to be given of the same to his assignes ; inclosed is a Coppy of his Graunte; Although my Lord Chancellors my Lord Berkeleyes and my Ijord Ashlyes hands be not to the power and pa- pers we send you, the reason whereof is because they are not in towne, yet doe they consent to what we doc: soe that you may act without dan- ger or scruple. The entrance to Cho\\an river is difficult anil water but for small ves- sells : but we understand that there is an Entrance, boald and deepe wa- ter in the I^attitude of '-14. which is neare the rivers called the Newsc and Pamplycoe which we conceave may lie best discovered from your parts in order to which we desire you to procure at fraught or other wayse sf)me small vessell that draws little water witli a boald boat to make that dis- covery and some others into the so"\\"nd, through Avhich so'wnd big greate ships may peradventure come to Chowan and give us admittance into the other brave rivers that lye in the sownd and whylst they are abroade, they may looke into Charles river a very little to the southward of Cape Faire, and give us an account of what is there : this if it may be done COLONIAJ> RECORDS. 55 witli little troblt' and expeiu-e of time; the eharge you shall he at we shall eaeh man upon notice pay our shares : some moneys we are in dis- burse for you heare: which may be allowed out of what you disburse there ; this vvorke we hold necessary to be done, that the Kinge may see that wee sleepe not M'ith his grant but are promoting his service and his subjects profitt; by Captain Whitteyes relation you may easyly pass by land and river from your Government to Chowan river and ryde but 25 myles bv land which makes us presume earnestly to intreat yon to make a jorney theither whereby you may upon your owne knowledge give us your opinion of it : and direct such discoverves to be made up the river as you shall see Htt: which and all- other things hearein and in our In- structions contayned we committ to your consideration and care and re- mayne [B. P. R. O. Colonial Entry Bk. Vol. 20. p. 14.] 8*" Sept' 1663. Present My Lord Duke of Albemarle My Lord Craven Sir George Carterett Sir Jno. Colleton. Granted by deed to Sir Jno. Colleton & his heires for ever the 8"' of Sepf 1663 the island heretofore called Carlyle Island now Colleton Island lyeing neare the mouth of Chowane now Albemarle river eou- tayneing in lenkth 5 or 6 myles in bredth about 2 or 3 myles he j^eilding & paying yearely from the feast of All Saints for ever for all such landes as is in those parts esteemed plantable land one halfe penny per acre if all others that shall plant in Carrolina pay as much. [B. P. R. O. Col: Ent: Book. No. 20. p. 13.] September this 9'" 1603. Sir, We have of late sent you two Ijetters with the Coppy of oiu- Charter for Carrolina and our dwiaration and proposealls touching the setlemcnt thereof, by which letters we desired you to imploy your indeavours and 56 COLONIAL RECORDS. Interests to persuade such persons of your Island that have inclynations to plant in any of those parts to be sattistied with the Meth-hood we have proposed from the substance whereof we cannot receade. Since those our Letters above mentioned we have received yours of the 12"' August with the proposalls and desires i^f severall Gentlemen oi' Barbados, whoe seeme to have thought of setling some parts of C -arrolina to which desires of theirs, wee inclosed send you our answer upon which and our declaration you may please to treate with them and make some agreement if you cann keeping still to the substance of our proposealls ; but if otlier words or other waves of frameing the Government will please them better without lesning those po^^•ers and the rent we have reserved, or giveing away the royaltyes and Fellows goods which is by the Kinge in our Charter granted to us, you may close with tliem ; and if they shall desire 7. yeares time, for haveing the proportions of lands mentioned in our Declaration you may grant it ; and if the grattifieiug of some of the Cheefe with one, two or 300 Acres of land a man exterordynary will forward the worke you may promise it, and it shalbe given them: but let that be as remote as y(ni cann fi-om the river they setle upon whereby the strenkth of the Collony may be kecpt tt)geather according to the Meth-hood, in our instructions for the lyeing out of each mans land ; if you conclude with the undertakers, you may [)lease to make choyse of a Survevor and Secrytary in our behalf's \\hich Officers wee choose for noe other end l)ut that wee may from thciii have an account of what passeth there and tiiat Justice may be done l)etweene tlie planter and ourselves: we intend they shalbe subject to the Government and upon just com- plavnt to us l)e removed and by tlie (Tovernment be suspended if there be cause mitill we have heard the matter. We further desire vou to give us notice whoe wilbe the fittest man for the Government and wlioe to be of his Council!, and if it shalbe thought fitt tliat tlie first Governor shalbe continewed five yeares you may consent to it; for his mayntenance the people are to find some way, wee have a Setlement begann upon the river Cliowan in the lattitude of 35 or there- abouts to which place we have ordered a governor to be sent froru Vir- ginia, and have proposed for his support tlie fur trade or such a parte of it as may be sufficient ; until] tlie people shalbe able to provide other wavs for him if some such thing may be found out where your people iutend to sit downe, it uiay incurrage, we wish the place may be neare porte Rovall ; If any argument shalbe made by the undertakers concerne- insj the charge of discovery it wilbe answered with what we have done in order thereunto from A'irginia before we did know that they M'ere COLONIAL RECORDS. 57 about any such tiling ; we hope by tlie next to send the Kinges letter to the Governors for the promotion of this setlement. We conceave that the planting of Carrolina wilbe of greate advantage to the Kinge and his people particularly to the planters in Barbadoes and the Carribbia Islands in regard it will divert the further rayseing of sugar workes planting ginger cotton, indicoe and Tobacco of which commody- ties enough are already made to supply all markets and more will in probabillity impoverish the planters of them, by lowring the prices to a rate by which they will not be able to subsist. 2*'^ in regard the land in Carrolina will produce wines of all sorts silks, reasons of all sorts, currants figs, ollives, t>yle, capers and tobacco as good as that of Virrgines as we are informed, all which commodyties are much easier (especially in poynt of charge) produced then Sugar and are commodyties that are not yet planted in the King's Dominions but when they shalbe considerably it will give a great imployment to our navigation and keepe and increase the weltli of his Majestic and subjects in his dominions; there motives we hope will incurrage by the helpe of your care and judgment in the well management of this attairc, by which you will oblige. [B. P. R. O. Col: Ent : Book. No. 20. p. 12.] AN ANSWER TO CERTINE DEMANDS AND PROPOSEALLS MADE BY SEVERALL GENTLEMEN AND PER- SONS OF GOOD QUALLITY IN THE ISLAND OF BARBADOS TO THE LORD PRO- PR YETORS OF THE PROVINCE OF CARROLINA; WE SAY That we are well pleased to find soe many publick spirrits in the Bar- badoes as there seemes to be concerned in the Intended discovei-y of titt ])laces to plant betweene Cape Faire and the northine lattitftde of 3L degrees, and cannot but commend there soe doeing although we our- selves had, before we did know anything of that there Intentions ; given order for a vessell to be sent from A'irginia to discover from Cape Hat- teras to Cape Floryda all the parts and places fit for the reception of such of his Majestie's subjects as shall desire to plant jn those parts. As to your desires we replye. . 58 COLONIAL RECORDS. That a trew Co]>pv of our Charter hatli been« sent to the Barbados by M"" Tho: Colleton whoe vvilbe ready to produce and give Coppyes of the same, and if an exemplyfveation thereof under the broade seale shall not- withstanding be desired by you, we shall upon notice thereof be ready to send the same. To the 2'' demand we answer that we have sent to Coll : Tho : Modv- ford and Peter Colleton a declaration and proposealls under severall of our hands of which all doe approve, and doe herewith send a Dupply- cate in which is set forth the Meth-hood which we resolve to proceed in for the choyce of Governors, the way of Government, setlement and graunting of land in those parts ; from the substance \^•hereof wee shall not receade : which way of Government and of chooseing the Governor and Councell we hold to be better for the people in Generall then the Cor- poration way that yon demand, in which the members choasen to man- age the Government doe continew for there lives, and are not to be removed but by there owne fellowes or the Major parte of them, whoe may be apter to wincke at the misdemeanors of there fellow Governors then the people that are to be governed by them will : in whose power it wilbe, wee meane the peoples, at the end of every 3 yeares, to leave out such as have misbehaved themselves : in there election of those that are to be presental to the Lords Propryetors foi- a new choyse of a Governor and Council] notwithstanding our declaration; if it slialbe desired that more than U be of the (Amncill then may the undertakers propose duble the number they would have, and wee shall choose the Moyty of them ; To the .'5* demand wee consent that the Governor and Counsell shalbe amply and fully impowred from us to graimte such proportions of land to all that shall come to plant in quantity and according to the Meth-hood and under that acknowledgement & noe more, as in our decla- rations and proposealls is set forth for which they may contract and compound witli the Indians ; if they see fitt : and if any shall desire a confirmation from us, we shallje ready to give it : in as ample manner as they or there Council] at Law shall contrive, and likewayse we shall impoMer the Governor and Council] choasen as aforesaid to make choyce of all Officers as well Millitary and Civil], tlie Secrytary and Surveyor, onely excepted and arme them with all ]>owers as farr as our Charter will extend, for tlie well governing of the Collony or place. We shall likewayse indeavowr to procure liis Majestie's Letters to the Governors of the Barbados and Carribbia Islands; Virginia, Xew Eng- land and Barmothos requiring them not to hinder any fi-ee and unin- gaiged persons from going to Carrol ina to setle upon anv frivolos pre- COLONIAL RECORDS. 59 tences whatsoever but rather to further the good and speedy settlement thereof : we have given power and direction to Coll : Tho : Mody ford and M'' Peter Colleton to treate and agree with you concerneing the promises, not receading from the substance of our Declaration whose agreement we shall ratitie so rest Your loveing freinds. PATENTS FOR LAND. To all whom these p'"sents shall come I Wm Berkeley K' Governor and Cap*. Gen'" of Virginia Greeting in our Lord God everlasting Whereas by Instructions from y^ kings most Exce' Majestic Directed to me and y" Councel of State his Majestic was graciously pleased to au- thorize me y° said Govern'' and councell to grant Patents and to a'^signe such proportions of land to all Adventurers and Planters as have been usuall heretolbre in y^ like Cases either for Adventurers of money or transportacon of people into this Collony according to a Charter (jf Or- ders from y* late treasurer and Company And y* y^ said Proportion of tifly acres of land be granted and assigned for every '^son Transported liither since midsumer 1625 and y' y" same course be continued to all j\.dventurers and Planters untill it shall be otherwise determined by his Majestic Now know y^ y' I the s"^ S"^ Wm Berkeley K' &c Doe w' y" con- sent of y* Councell of State accordingly Give and Grant unto M' Tho : Relfe Seven hundred and fifty Acres of land Lying on y* Southwest side of Pascjuotank River Begining at a Small cypresse at y^ mouth of a Swamp and runing by Tho : Keele his land into y'' Woods South west and by West 320 pole then N : West & by N. 375 Pole then N East & by East to a Marked Sypresse in y^ cod of a Bay being one of M"^ ffor- sons marked trees and soe along y* Bay to y^ Point in y' River and downe the said River of Pasquotanck to y* first Station y" said land being due to y^ said Thomas Relfe by and for y" transportacon of fifteen Persons into this Collony \vhose names are in the Record menconetl under this Patent To have and to hold y' said land w" his due share of all Mines and Mineralls therein Conteined w* all Rights and Previleges of Hunting Hawking fishing tfowling w* all Woods Waters and Rivers w' all Profitts Comoditys and heriditam'" w'soever belonging to y' said Land to him y' said Thomas Relfe his heirs and assignes for evei- in as large and ample Manner to all Litents and pur])osesas is Expressed in a 60 COLONIAL RECORDS. Charter of Oi'ders from y" late treasurer and Company Dated y° 18th of November 1618 or by Consequence may be justly Collected out of y^ same or out of y° Letter Patents whereon they are Grounded to be held of our Soveraigne lord y" kuig his heires and and Successors for ever as of his Manner of East Greenwich in free and Comon soccage and not in Capite nor in K'' Service Yielding and paving unto our s'* soveraigne Lord y'' king his heires and successors tor every titty acres of land hereby Granted yearly at ye feast of S' Michael y" Archangell y' fe rent of one shilling Which paym* is to be made yearly from year to year according to his Majesties Instructions of y" 12"" of September 1662. Provided y' if the said Tho : Relfe his heires or assignes doe not seat or plant or cause to be seated or j^lanted upon y^ s* Land w*in three years after y' next Insueiug y' then it shall be lawfull for any Adventurer or planter to make Choice and seat thereupon Given at James Cyty under my hand and y' seal of y^ Collony y^ 25*'' day of September 1663 & in y' 15'" year of y* Reigne of our Sovereige Lord king Charles y^ Second &c WILLIAM BERKELEY To all to whom these p'sents shall come I Wm Berkeley K' Governor and Cap' Gen""" of Virginia send Greeting in our L** God everlasting Wheras by Instructions from y" Kings most Exce' Maj"' directed to me and y' Councell of State his Maj«stie was graciously pleased to authorize me y* said Governor and Councell to grant patents & to assign such pro- portions of land to all adventurers and planters as hath been usual here- tofore in like cases either for adventurers of money or transportacon of people into this Colony according to a Charter of orders from y" late treasurer & company and y' y* same proportion of fifty acres of land to be granted & assigned to every 'psi m transported hither' since Midsumer 1625 and y' y'^ same Course be continued to all adventurers and planters untill it shall be otherwise determined by his Majestic. Now know yee y' I y' s* Wm Berkeley K' &c doe with y' consent of y' Councell of State accordingly give and grant to Robert Peel three hundred and fifty acres of land Lying on y* South west side of Raspi- tanck River between y** Innd of D"" Relpli and y* land of John Battle containing on y* River side one hundred and eighty pole & running South \A"est & by West into y' M'ood three hundred and twenty pole y" said land being due to y" said Robert Peel by & for y* transportation of seven ^sons into this Collony whose names ai'e on the Record menconed under tliis Patent To have cKr to hold v' said land «"■ his due share of all Mines COLONIAL RECORDS. 61 A: Mineralls theriu contained w"' all rights and previleges of hnnting hawking fisliing fowling w"' all AN'oods Watei'.s and rivers w"" all ])rofitts Comodities and hereditani" w'soevcr belonging to y*^ s'' land nnto him y" said Robert Peel his heires & assignes for ever in as large and ample maner to all Intents tt pnrposes as is Expressd in a ('liarter of orders from y'^ late treasurer «.y: Company Dated y" IS"' of Xovendx'i- 1()1<S or by eonserpience may be justly colleeted o>it of y" sanie or out of the letter patents whereon they are grounded to be holden of our Soveraigne Lord y'' King his heires and successors as of his Maner of I-Cast Cxreenwich in free and Comon Soccage and not in Capite nor by K* Service Yielding and paving nnto our s'' Sovcraigne Lord y*^ king his heires and successors for every iifty acres of land hereby granted yearly at y" feast of S' Michael y* archangell ye ft'ee rent of one shilling w°'' payment is to be made yearly from year to year and y° first paym' to l)egin one year after y^ date herof according to his Majesties Instructions of y" IS"" of 7''*'' 1 662 Provided y' if y* s* Robert Peel his heires or assignes doe not seat or plant or cause to be seated or planted n])on y" s'' land w*''in three yeares next ensueing that then it shall be lawfull for any adventurer or planter to make choice or seat therupon Given at James City under my hand and seal of y* Collony y'' 25"' of September 1663 and in y'^ 15"' year of y* reigne of our Soveraigne Lord King Charles y" 2'' &c WILLIAM BERKLEY To all to whom these p^'sents shall come, I S" W"" Berkley Kn' Gov- erno"' and Cap' Gen" of Virg* send greeting in our Lord God everlast- ing, whereas by instructions from the kings most Excell' maj'^' directetl to mee & y'^ Consell of state, his Ma'^ was graciously pleased to author- ize mee the s* Governo"" and C^ounsell to grant pattents & to assigne such proporeons of Land to all acLentur' and planters as have been nsnall heretofore in the like case either for adventures of money or Transporta- con of peojjle into this Collony according to a Charter of Orders from the late Treasurer & Company & that the same proportion of ffifty Acres of Land bee granted and assigned for every person transported hither since Midsom'' 1625 and that the same course bee continued to all adven- tur'^ and ])lanters nntill it shall be otherwise determined by his ma'-^'. Now know yee That I the S"" S'' W" Berkley Kn' &c Doe w"' the con- sent of the connsell of state accordingly gi^•e and grant nnto M'' John Harvey six hundred Acres of Land lyinge in a small Creeke called Cnra- tuck falling: into the the River of Kecouur-htancke w"*" s'' River falls into 62 COLONIAL RECORDS. Carolina begining att a marked pokikerv & runinge East South East into the woods three hundred and t^\'enty pc»le, then Nor : Nor : East three hundred pole, then West Nor: West thi-ee hundred and twenty pole to a marked Cedar att the mouth of swamp upon the afores** Creeke and soe downe the s* Creeke to the first station. The s'' Land being due to the s'' M" John Harvey by & for y* transportacon of twelve persons into this Collony whose names are in the Record nienconed und'' this pattents To have and to hold the s** Land with his due share of all mines & mineralls therein conteined, with all Rights & priviledges of hawking hunting, ffishing & ffowling w"' all woods waters & Rivers w"" all profitts Como- dities & hereditam*' whatsoever belonging to the s*^ Land, unto him the s* M'' John Harvey his heirs & assignes for ever in as large & ample manner to all intents and purposes as is expressed in a Charter of Orders from the s"" Treasui-^' & Company dated the 18* day of Novem' 1618 or by consequence may bee justly collected out of the same or out of the Let- ters pattents whereon they are grounded. To be held of o' Soveragne Lord the King his heirs and successors for ever, as of his Manno' of East greenwich in free & comon soccage & not in Capite nor by knight ser- vice Yielding & paying to our s'' Soveraigne Lord the King his heires & success'^ for every ffift}- acres of Land hereby granted yearely att the feast of S' Michaell the Archangell the ffee rent of one shilling, which pavm' is to bee made yearely from yeare to yeare according to his Maj"'' Instructions of the 12"' of Septem"' 1662 provided that if the s'* M'' John Harvey his heires or assignes doe not seate or plant or cause to be planted or seated upon the s** Land within three yeares next ensueing That then itt shall be lawfull for any adventur' or planter to make theire and seate thereupon. Given at James Citty under my hand and the scale of the Collony this 25"' off Septem'' 1663 and in the ffifteenth yeare of the Raigne of o" Soyeraigne Lord, King Charles the Second &c. WM BERKLEY To all to whom these presents sliall come, I S"' Willm Berkley Kn' Governo"' and cap* gener" of Virgi"^ send Greeting in our Lord God ever- lasting whereas by instructions from the Kings most Excellent Maj'-' directed to mee & y' Councill of state, his Ma'^ was graciously pleased to Authorize mee the s** Govern'' and Councill to grant pattents & to assigne sucli proportions of Land to all Adventur' & planters as have beene usuall heretofore in the like cases, either fir Adventurers of money or Transjiortacon of peojile into this Collony, Acc<jrdinge U> A Charter of COLONIAL RECORDS. 63 Orders from y" late Treasurer tt C'ompaiiy, & that the same proporcon of ffifty Acres of Land l)ee granted and assigned for every person Trans- ported hither sine Midsumer ] 625 ct that the same conrse bee continued to all Adventurers & ])lanters until itt shall hee otherwise determined by his Ma'\ Now Know yee that I y' s* S'' W" Berkley Kn' &" doe with the consent of the Councill off state accordingly Give & grant LTnto INI'' John Harvey Two hundred ct tfitty acres (if Land lying on the River of Carolina begining att & marked Red oake on y'' River side by Rodger William's Land ct runing downe the s"* River to A marked pine, then Nor : Nor : East three hundred & Twenty pole, then to the miles end of Rodger Williams his Land & soe by his Trees South West to the first station, y" s** Land being due to the s"* John Harvey by & for the trans- portacon of ffive persons into this Collony, whose names are in the Re- cords mentioned und" this pattent. To have and to hold the s'* Land w*'' his due share of all Mines and Mineralls therein conteined, w* all rights & priviledgfes of hawking hunting ffishing & ifowling ; with all Woods, Waters & Rivers, With all profitts, comodities and Hereditam'* whatsoever belonging to the s** Land, to hira the s'' M'' John Harvey his heirs and assignes for ever ; in as large & ample manner to all intents and purposes as is exprest in A Charter of Orders from the late Treasu- rer and Company, dated the IS**" day of Novem"" 1618 or by consequence may bee justly collected out of the same, or out of the Letf'^ pattents whereon they are grounded ; To bee held of our Soveraigne Lord the King his heirs and successors for ever, at all his nianno^ of East Greene- wich in free & Comon Soccage & not in Capite nor by Knight service Yielding and payinge to our s** Soveraigne Lord the King his heires and Successors for every ififty Acres of Land hereby granted yearely att the feast of S' Micheall Th archangell the fee Rent of one shillinge, ^vhich paym' is to bee made yearely from yeare to yeare — according to his Ma"" Instructions of the 12"' of Septem"" 1662. Provided that if the s** Mr John Harvey his heirs or assignes doe not seate or plautt, or cause to be planted or Seated upon the s'^ Land within Three yeares next ensueing That then itt shall be Lawfull for any Adventurer or planter to make theire and Seat thereupon. Given att James Citty under my hand and the Scale of the Collony this Twenty fhtli day of Septm"^ 166.">. And in y° ffifteenth yeare of the Reigne of our Soveraigne Lord King Charles the Second &c WILLIAM BERKELEY 64 COLONIAL RECORDS. To all to whom these j/sents shall come, I S' Willin Berekeley Kn' Gov"" &c : and e-ap* Gem*" of Virginia send Greeting in our Lord God everlasting, whereas by Instructions from the Kings most Excellent Maj"* directed to mee & the Councell of State ; his Maj"^ was graciously pleased to authorize mee the s** Govern'' and councell to grant pattents, and to assigne such proportion of Land to all Adventurers & planters as have usuall heretofore in y'^ like cases, either for Adventurers of money or transportacon of people into this Collony according to A Charter of orders from the late Treasurer & Company : and that the same propor- tion of ffifty Acres of Land bee granted & assigned for every person traiis])orted hither sine Midsumer 1625: And that the same course be continued to all Adventurers <& plantors untill it shall bee otherwise de- termined by his Maj"" Now Know yee that I the said S" Willm Berkeley Kn' Gov'' &c tloe with the consent of the Councell of state accordingly give & grant unto cap' John Jenkins Seven hundred Acres oif Land, being a necke of Land bounded on the South with the River Carolina, on the North with pyquomons River on the East w"" y" mouth of pyquomons &c Carolina, & on the \^\■st with A great swamp w"'' parted this Land from Thomas Jarvis his Land, To have and to hold the s** Land with his due there, of all Klines (the said land being due to the s'^ John Jenkins by and for the transportacon of ffourteene persons into this Collony Whose names are all in the record mentioned und"" this patteut) and Miueralls therein contained, witli all rightes & priviledges oif hunting, hawking, tfishing t\r ffowleiug, with all Woods, Waters & River, with all prolitts, Coinodities and hereditam" whatsoever belonging to the said Land, to him the said John Jenkins his heirs & assignes for ever; in as ffree and ample maiuier to all intents tt purposes as is ex- prest in a Charter of Orders from the late Treasurer & Company dated the l!^th of Xovem'" 1618 or by consequenc may bee justly collected out off the same, or (nit of the Letf'* patents AA'hereou they are grounded to bee held of our Soveraigne Lord the King his heires and Successors for every ffity acres for ever, as of his Manno'' of East greenwitch in free and comon Soccage & not in Capite nor by Kn'' service. Yielding and pay- Inge to our s'' Soveraigne Lord the King, his heirs and Successors for cverv ffifty acres of land hereby granted, yearly att y" ffeast of S' Micheall the Arx-hangell the ifee rent of one shilling, which paym' is to be made vearlv from vear to year from tlie first entry of tlie Survey it rights in the Secretaries office l:)earing date w"' these presents, according to his Majes- ties Instructions of the 12'" of Septem'' 1662 provided that if tlie *■* John Jenkins gent* his heirs or assignes doe not seat or plant, or cause to bee COLON! A I. TJF.CORDS. 65 planted or seated, upon the s'^ Land witliin three years next ensuing, then it shall bee lawfuU for any Adventurer or planter to make choice & seat thernpon. Given att James Cyttie under my hand & the seal of the Collony this 25"" day of Septem'' 1663. And in the ffifteenth year of the reigne of our Soveraign Lord King Charles the Second &c. WILLIAM BERKELEY To all to whom these p'sents shall come I S" Willfn Berkeley Kn* Gov'' and cap' Gener" of Virg* send Greeting in our Lord God everlast- ing whereas by instruccos fri>m the kings most Excellent Maj'" directed to mee & the Councill of State his Maj''" was graciously pleased to author- ize mee the s* Govern'' & Councill to grant pattents and to assigne such proportions of Land to all adventurers & planters as have been usuall heretofore in the like cases, either for adventurers of money or transpor- tacon of people into this Collony according to a Charter of Orders from the late Treasurer & Company & that the same proporticon of ffifty Acres of Land bee granted and assigned for every person transported hither Sine midsumer 1625. And that the same course bee continued to all Adven- turers & plantors untill it shall bee otherwise determined by his Ma"" Now Know yee that I y' said S' W" Berkeley Kn' &c doe with the con- sent of the Councill of state accordingly give & grant unto M"" Thomas Relfe seven hundred & fifty Acres of Land lying on the South- West side of paspatanck River, begining at a small marked C*ypress att the mouth of a swamp & runing l)y Thomas Keele his land into the wood so West & by West 320 pole then Nor: West & by No: 375 pole, then Nor: East & by East to a marked Cypress in the Codd of A Bay being one of JNI'' fiersons marked trees and so along the Bay to the point in the River, & downe the said River of pas})atanck to the first station : the s"* land being due to him the said Th(jmas Relfe by & fi)r the transportacon of ffifteen persons into this Collony whose names are in the Records mentioned und"" this pattent To have and to hold the s*^ land with his due share of all mines & mineralls therein conteined, w"' all rights & priviledges of hawking, hunting ffishing & Howling; with all woods, waters & Rivers with all profitts, Comodities & hereditam*^ whatsoever belonging to the said Land to him the s* Thomas Relfe his heirs & assignes for ever : In as large cK: ample manner to all intents & purposes as is exjirest in a Charter ott' orders from the late Treasurer & Company ; dated the 18"" of Novemb'' 1618 or by consecpienc may bee justly col- lected out of the same, or out (if the I^etters pattents whereon they are 5 66 COLONIAL RECORDS. grounded. To bee held of our Sovereigne Lord the King his heirs & successors for ever, as of his maunor of East Greenwieli in free & eomon soccage, & not in capite, nor by Kn*^ service. Yielding & paying to our s'* Sovereign Lord the King his heirs and Successors for every ffifty acres of Land hereby granted yearly at the feast of S' Michael the Archangell the ftee rent of one shilling, which payni' is to be made yearly from year to year according to his Ma*'"^ instructit)ns of tlie 12"' of Septem'' 1662. Provided that if the s"* Thorn* Relfe his heirs or assignes doe not seat or plant, or cause to bee planted or seated upon the s* Land within thi'ee years next ensuing, That then itt shall bee lawfull foi- any Adventurer or plantor to make choise & seat thernjwn. Given att James Citty under my hand & the seal of the Collony this 25"' day of Septem'' 1663. And in the ffifteenth year of the reigne of our Soveraigne Lord King Charles the Second &c WILLIAM BERKELEY To all to whom these presents shall come I S'' William Berkeley Knight Governo" and Cap* Generall of Virginia, send greeting in our Lord god everlasting, whereas by Instructions from the Kings most Excellent Maj- esty directed to mee and the Counsell of State, his Majestic was Gra- tiously pleased, to Authorize mee the s* Governo'' and Councell to grant Pattents, and to Assigne such proportion of Land to all Adventurers and planto''* as have been usuall Heretofore In like Cases Either for Adven- ture'" of money or Transportation of People Into this Collony, according to a Charter of orders ffrom the late Treasurer and Company, and that the same proportion of fifty Acres of Land be granted and Assigned for Every person transported hither since Midsummer 1625, and that the same Course be Continued to all Adventurers and plant''* untill It shall be otherwise determined by his Majesty, Now Know ye that I y" s*^ S"^ William Berkley Kn' Governo' &c : doe w"' tlie Councell of State, Ac- cordingly give and grant, unto George Catchmeyd of Treslick Gen" ffifteen hundred Acres of Land Lying In A bay of y" River Carrolina begining at the mouth of swamp w* parts his Land from Cap* Jenkins Land, and soe up the River of Carrolina to a small Ci'eek, and up the said Creek Ifrom the River of Carrolina north and be west 320 poles then East and be north 750 poles towards the head of the said swamp by y'' River of pequimmin, and soe downe the said swamp by Cap* Jenkins Land to the first Station, the said Land being due unto y" s^ George Catchmeyd by and for the Transportation of thirty Persons Into this COLONIAL RECORDS. 67 CoUony wliuse nuiiie.s are all oiio I lit' Records mentioned under this Pat- tent, To have and to hold the s"" I^and with all his due shares of all mines and mineralls therein Contained, with all Rights and priviledgesofluint- ino- hawking fishing and t'oMling, with all Wo<.)ds and waters and Rivers, with all profits Coinodities and hereditaments wliatsoever belonging to the said Land, To him the said (ieorge Catchmeyd his heirs and assignes for ever, In as free and ample manno"" to all Intents and Purposes, as is Expressed in a Charter of orders, from the late Treasurer and Company Dated 18"" November 1618 or by Con- sequence may be Justly Collected out of y'^ same, or out of the Letters Pattents whereon they are Grounded to be held of our Sovereigne Lord the King his heirs and successors, fitbr every fifty acres for ever as of his manno'' of East Greenwich In free and Common Soccage, and not In Capite nor by Kn' Service, yielding and Paying to on'' Sovereign Lord y" King his heirs and successors, for every fhfty Acres of Land hereby Granted yearly at the feast of S' Michaell the Archangell, the ffee Rent of one shilling, which payment is to be made yearly from yeare to yeare ffrom y^ first Entry of y" siu'vey and Rights In the Secretaries office bareing date with these presents according To liis Majesties Instnictions of y* 12'" of Septem*"' 1662 provided that If the said George Catchmeyd Gen" his his heirs or assignes doe not seate or plant, or Cause to be seated or planted upon y^ said Land, within three years next Insuing, then It shall be Lawful for any Adventurer ov Planto'' to make Choyce and seat thereupon. Given at James Citty under my hand and seale of y' Collony this 25"' of Sep"' 1663 and In the fifteenth yeare of y' Reigne of our Sovereign Lord King Charles y' Second &c : WILLIAM BERKELEY. REPORT OF COMMISSIONERS SENT FROM BARBADOES TO EXPLORE THE RIVER CAPE FEAR, IN 1663. f [Reprinted from Lawson's History of North Carolina, p. 113.] From Tuesday, the 29"' of September, to Friday, the 2'' of October, we ranged along the shore from lat. 32 deg. 20 min. to lat. 33 deg. 11 min., but could discern no entrance for our ship, after we had passed to the northward of 32 deg. 10 min. On Saturday, October 3, a violent stfirm overtook us, the wind between north and east ; which easterly 68 COLONIAL RECORDS. winds and Ibid weather continued till Monday the 12*''; by reasons of which storms and foul weather we were forced to get oflF to sea, to secure ourselves and ship, and were driven by the rapidity of a strong current to Cape Hatteras, in lat. 35 deg. 30 min. On Monday the 12''', afore- said, we came to an anchor in seven fathoms at Cape Fair Road, and took the meridian altitude of the sun, and were in lat. 33 deg. 43 min., the wind still continuing easterly, and foul weather till Thursday the I'S***; and on Friday the IG**", the wind being at N. W., we weighed and sailed up Cape Fair River some four or five leagues, and came to an anchor in six or seven fathom, at which time several Indians came on board, and brought us great store of fresh fish, large mullets, young bass, shads, and several other sorts of very good, well-tasted fish. On Saturday the 1 7"', we went down to the Cajje to see the English cattle, but could not find them, though we rounded the Cape. And having an Indian guide with us, iiei'e we rode till October 24"". The wind being against us, we could not go up the river with our shiji ; but went on shore and viewed the land of those (piarters. On Saturday we weighed, and sailed up the river some four leagues or thereabouts. Sunday the 25"" we weighed again, and rowed up the river, it being calm, and got uj) some fourteen leagues from the harbor's mouth, where we moored oiu* ship. On Monday, October 26"^, we went down with the yawl to Necoes, an Indian plantation, and viewed the land there. On Tuesday the 27"" ; we rowed up the main river with our long boat and twelve men, some ten leagues or thereabouts. On AVednesday the 28*, we rowed up about eight or ten leagues more. Thursday the 29"' was foul weather, with much rain and wind, which forced us to make huts and lie still. Friday the 30**" we proceeded up the main river seven or eight leagues. Saturday the 31^', we got up three or four leagues more, and came to a tree that lay across the river ; but because our provisions we almost spent, we proceeded n(j further, but returned down\\'ard before night ; and on Monday, the 2'' of November, we came aboard our ship. Tuesday the 3'' we lay still to refresh ourselves. On ^^^ednesday the 4"", we went five or six leagues up the river to search a branch that run dut of the main river toward the northwest. In which we went up fiNc or six leagues; but not liking the land, returned on board tluit night about midnight, and called that place Swampy Branch. Thursday, November 5"', we stayed aboard. COLONIAL RECOEDS. 69 On Friday the 6"', we went up Green's River, the mouth of it being against the phice at which rode our ship. On Saturday the 7"*, we proceeded up the said river, some fourteen or fifteen leagues in all, and found it ended in several small branches. The land, for the most part, being marshy and swamps, we returned towards our shi]>, and got aboard it in the night. Sunday, November the S"', we lay still ; and on Monday the 9"" went again up the main river, being well stucked with provisions and all things necessarv, and proceeded upward till Thursday noon, the 12"", at whicli time we came to a place where were two islands in the middle of the river; and by reason of the crookedness of the river at that place, several trees lay across both branches, which stopped the passage of each branch, so that we could proceed no further with our boat; but went up the river side by land some three or four miles, and found the river wider and wider. So we returned, leaving it as far as we could see up, a long reach running N. E., we judging ourselves near fifty leagues north from the river's mouth. We saw mulberry-trees, multitudes of grape-vines, and some grapes, which we eat of We found a very lai-ge and good tract of land on the N. W. side of the river, tliin of tindjer, except here and there a very great oak, and full of grass, conunonly as high as a mans middle, and in many places to his shoulders, where we saw many deer and turkeys ; one deer having verv large horns and great body, therefore called it Stag- Park. It being a very pleasant and delightful place, we travelled in it several miles, but saw no end thereof So we returned to our boat, and pro- ceeded down the river, and came to another place, some twenty-five leagues from the river's mouth on the same side, where we found a place no less delightful than the former; and, as far as we could judge, both tracts came into one. This lower place we called Rocky Point, because we found many rocks and stones of several sizas upon the land, which is not common. We sent our boat down the river before us, ourselves travelling by land many miles. Indeed we were so much taken with the pleasant- ness of the country, that we travelled into tlic woods too far to recover our boat and company that night. The next day, being Sunday, we got to our boat; and on Monday, the 1 G"* of November, proceeded down to a place on the east side of the river, some twenty-three leagues from the harbor's mouth, which we called Tur- key Quarters, because we killed several turkeys thereabouts. We viewed 70 COLONIAL RECORDS. the land there and fonnd some tracts of good gronnd, and high, facing upon the river about one mile inward; but backward, some t\\c) miles, all pine land, but good pasture-ground. We returned to our boat and proceeded down some two or three leagues, where we had formerly viewed, and found it a tract of as good land as any we have seen, and had as good timber on it. Tlie banks on the river being high, therefore we called it High Land Point. Having viewed that we proceeded down the river going on shore in several places on l)oth sides, it being generally large marshes, and many (if them dry, that they may more fitly be called meadows. The wood- land against them is, for the most part, pine, ami in some places as barren as ever we saw land, but in other places good pasture ground. On Tuesday, November the IT"" we got aboard our ship, riding against the mouth of Green's .River, where our men were providing wood, and fitting the ship for sea. In the interium we took a view of the country on both sides of the river there, finding some good land, but more bad, and the best not comparable to that above. Friday the 20"' was foul weather ; yet in the afternoon we weighed went down the river about tNvo leagues, and came to an anchor against the mouth of Hilton's River, and took a view of the land tliere on both sides which appeared to us much like that at Green's River. Monday the 23**, we went with our long-boat, well victualled and manned, up Hilton's River ; and when we came three leagues or there- abouts up the same, we found this and Green's River to come into one, and so continued for four or five leagues, which makes a great island betwixt them. We proceeded still up the river till they parted again ; keeping up Hilton's River, on the larboard side, and followed the said river five or six leagues further, where we found another large branch of Green's River to come into Hilton's which makes another great island. On the starboard side going up, we proceeded still up the river, some four leagues, and returned, taking a view of the land on both sides, and then judged ourselves to be from our ship some eighteen leagues W. and by N. * * * * * * * Proceeding down the river two or three leagues further, we came to a place where there were nine or ten canoes all together. We went ashore there and found several Indians, but most of them were the same which had made peace with us before. We stayed very little at that place but went directly down the river, and came to our ship before day. Thursday the 26"' of November the wind being at south we could not o-o down t(i the river's mouth ; but on Frida}' the 27"" A\-e weighed at the COLONIAL RECORDS. mouth of Hilton's River, and yot down a league towarils^ the harbor's mouth. On Sunday the 29*'' we got doMU to Crane Island, which is four leagues or thereabouts above the entrance of tlie harbor's mouth. On Tuesday the 1" of December, we made a jMU'chase of the river and land of Cape Fair, of Wat Coosa, and such otlici- Indians as appeared t() us to be the chief of those parts. They l)ri)Uglit us store of frcsji fish alxtard, as mullets, shads, and other soi-ts, ver\- good. 'i^ * t- ■■:■ t- :':- ;;; * \\'hereas tliere was a writing left in a post, at the point of Cape Fair River, by those Xew England men that left cattle with the Indians there, the contents whereof tended not only tti the disparagement of the land about the said river, but also to the great discouragement of all such as should hereai^er come into those parts to settle. In ans\\'er to that scan- dalous writing, we, whose names are underwritten, do affirm, that we have seen, facing both sides of the river and branches of Cape Fair afore- said, as good land and as ^\ell timl)ered as any we have seen in any other part of the world, sufficient to accommodate thousands of our English nation, and lying commodiously by the said river's side. On Fridav the 4* of December, the wind being fair, we put out to sea, bound for Barbadoes; and on the 6"' of February, 1663-4, came to an anchor in Carlisle Bay — it having pleased God, after several apparent dangers both by sea and land, to bring us all in safety to our long wished for and much desired port, to render an account of our discoverv, the veritv of which we do assert. ANTHONY LONG. WILLIAM HILTON. PETER FABIAN. 1664. [B. P. R. O. Lol; Ent: Book. No. 20. p. 17.] Edward Earle of Clarendon Lord High Chancellor of England, George Duke of Albemarle, C'aptain Generall of all his Majestie's Forces, in the Kingdomes of England, Scotland and Ireland, and Master of the Horse, William Lord Craven, John Lord Berkeley, Anthony Loi-d Ashlev, 72 COLONIAL RECORDS. Chancellor of the Exchequer, Sir George Cartrel, Vice Chamberline of his Majestie's laousehold, Sir William Berkeley kniglit and Sir John Colleton knight and Barronet, The trew and absolute Lords Propryators of all the Province of Carrolina ; To our Trusty & well beloved Rol)' Samford Greeting : Wee being well assured of your wisdome jirndence and integrity, have thought fitt, and doe by these presents nominate, constitute and appoint you our Secrytary and Chiefe Register for our County of Clarendon in the Province aforesaid hereby authorizing you and giving you full power to be present at all meetings, of our Governor and Privy Councell, of the said Couutv, and to take and keepe, an exact register, of all there acts, orders and constitutions, as alsoe to receave from our Surveyoi" Generall of the County aforesaid all certificates of Lands, by him leyed out and surveyed, either for us in partic«ular, or for any other persons according to warrants from our Governor and Councell or the Major parte of them ; and the same certifficates carefully to register and fyle in your office, and there upon by virtue of such warrant as you shall receave, from our said Governor and Councell or the Major parte of them ; to draw up such lease or leases, conveyance or assurances of Land fi-om us and in our name, as shall accord with the said Certificate, and the fi)rme of Assur- ances by us prescribed, which being syned Iw our Governor and Councell or Major parte of them, and sealed with (Uir Scale of the said County, according to our said Prescriptions, you shall carefully inroll the same, in your said office, that recourse may be there unto had on all occasions, and these and all other act and acts, thinge and things, which doe and shalbe longe and appertayne to the office of our Secretary and register within our said County, you are faithfully to doe and performe, according to such orders and constitutions as you shall receave from us, or our Governor, or our Governor and Councell or the Major parte of them, to the best of vour judgement and skill, and for your doeing the same, or any of them, you shall receave such salleryes, fees and perquisites, as by us and our General! Assembly of the said County shalbe appointetl and none other. Given under our greate Scale of our said Province, the fowerteenth day of November in the yeare of our Lord, one thousand, six hundred, sixty and fower. COLONIAL RECORDS. [B. P. R. O. Col: Ent: Book. No. 20. p. 17. 18.] Edward Earle of Clarendon Jjord Hioh Clianccllor of England, George Duke of Albemarle &e. The trew and absolute Ijords Proprya- tor.s of all the Province of Carolina. To our Trusty and well beloved John Vassall, Greeting; Wee being well assured of your Avisdonie, prudenee and integrity, have thought titt and doe by these presents nominate, constitute and appoint you our Surveyor Generall of oin- County of Clarendon in the Province aforesaid by yourselfe or such as you shall depute and appoint to ley out, bound and survey all allotments of Land, Generall or purticuler, pub- licke or private, wheather relateing to us particculerly or to other persons per graunte from us, according to such warrants and directions as you shall from time to time receave from our Governor and C'onncell of our said County or the major parte of them, as alsoe trew certificates to make of the scituations, boiuids, cpiantities and Lines of all Lands soe leyd out mentioning the persons for wliome, and the order you receaved for your soe doeing, which Certificate you shall direct to our Secrytary, and reg- ister of the said County for the time being that he may enter and fyle the same, and these and all other act and acts, thinge and things which doe or shall belong and appertayne to the office of our Surveyor Generall, within the said County, you are faithfully to doe and performe (accord- ing to such orders and Instructions as you shall receave from us, or our Governor, or our Governor and Councell, or the major parte of them) to the best of your Judgement and skill and for your doeing the same or any of them, you shall receave such salleryes, fees and perquisites as by us and our Generall Assembly of the said County shalbe appointed and none other. Given under our Greate Seale of our said Province, the fower and twentith day of November, in the yeare of our Lord 16G4. [B. P. R. O. Colonial Papees. Vol. 18. p. 148.] AT THE COURT AT WHITEHALL. The 25"' of November 16rt4 PRE.SENT. The Kings Most Excellent Majesty. The Arch Bish : of Canterb : Earl of Bathe. Lord Treasurer. Earl of Ijanderdail. 6 74 COLONIAL RECORDS. Lord Privy Seale. Lord Bish : of London. Duke of Buckingham. Lord Wentvvorth. Duke of Ormond. Lord Berkley. Lord Great Chamberlain. Lord Ashley. Earl of Berkshire. M'' Secretary Bennet. Earl of Anglesey. S'' Edward Nicholas. Whereas a Petition was presented to his Majesty by Colonell Moryson Agent for the Colony of Virginia in the Name of the governor., Conn- cell, and Burgesses there giving an Account of their proceedings upon his Ma*'*' Instructions for Commissioners to be nominated for the Plan- tacons of Virginia, and Maryland to meet, and hear of the most conve- nient way of lessening the Quantity of ToIkxcco in those Plantacons which being read at the board it was ordered the lO*** of August last that y' Lord. Balteniore, Lord, and Proprietary of Maryland, should have a Copy of the said peticon, and both Partyes he heard, at the Board the first Couucell day after Michaelmas, and accordinly upon the 5"' of October the said busines was resumed, and after hearing the debates on both sides their Lo''^ did then order that the Lord Baltemore, Colonel Moryson, S"" Henry Chicheley Knight, Edward Digg's, and John Jef- freys Esq", and others concerned in the Colony of Virginia Should meet to consider of, and frame an Agreement between themselves, and that if they could not joyntly agree thereupon then each party to dra^v up dis- tinct Proposalls, and deliver them to the Board, that the Lords Com- mittees of Plantacons might be desired to meet, and consider thereof, and Report their opinions to his Majesty whereupon no Agreement being Settled between them, the said Colonell IMoryson, S' Henry Chicheley, Edward Digg's, and John Jeffreys did upon the 16"' present deliver in Proposalls which they conceived conducible to the good of Virginia, and the Lords Committees taking the same into serious Consideracon on the 19"" Instant, and having fully heard the Lord Baltemore, and S' Henry Chicheley, Colonell Moryson, M'' Diggs, and M'' Jeffreys, touching the said Proposalls, and Consulted with the Farmers of his Ma*'*^ Customs thereupon their Lo**"" thought fitt humbly to represent to his Majesty. 1. First, That the Proposall touching a Cessation, stint or limitation of planting Tobacco in the said Plantacons is inconvenient lioth to the Planters and to his Ma*'**" Customes. 2. That the Proposall for limiting a time for Ships to return from Virginia or Maryland will be prejudicial both to y" Planters and his Ma""' Customes. COLONIAL RECORDS. 3. For iufourageincnt of Plantfi's in tlic said Colonics to apply them- selves to the Planting other Coniodities which may be of more benefit than Tobacco, his ]\Ia'^' wonld be pleased to permit that all the Hemp, Pitch and Tarr of the growth, Prodnction or inannfacture of Virginia and Maryland, whicli should be brought into this Kingdome, for the space of 5 years from the date hereof might be Custome ffree. Which report being read at the Board his Ma*^' present in Councill, and concurring In all particulars with y*' Lords of the said Comiuittee did order that there should be noe cessacon, stint, or limitation imposed on the planting tobacco in Virginia, or Maryland, nor any time limited for ships to come from either of tluise Plantacons, but every trader thither to be ffree to return thence at his own time, and as his occasions should serve, and his Ma'^' of his Princely grace and favour being desirous to give all encouragement to the Planters of both Colonies, did direct that the Right Hon'''^ the Earl of Southampton Lord High Treasurer of England, and Lord Ashley Chancellor, and under Treasurer of the Exchequer, should give directions to the officers, and ffarmers of his Majesties Customes for y' time being to permitt, and suffer all the hemp, Pitch and Tarr, of the growth, production and Manufacture of the said Plantacons of Virginia and Maryland, that shall be brought into the Kingdome during the space of five years from the date hereof to be freely imported, and unladed without demanding or receiveing any Custome, or Imposition for the same. Provided that Care be taken by his Ma''" officers that under pretence hereof his Majesty be not defrauded of his Dues and Customes, on any Pitch, Hemp or Tarr, which is not of the growth. Production, or Manufactui"e of these Plantacons. JOHN NICHOLAS. 1665. [B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 3.] Articles of Agreement had and made betweene Edward Earle of Clar- endon Lord High Chancellor of England George Duke of Albemarle Ma,ster of his Maj""' Horse and Captain Gen : of all his Forces, William Lord Craven John Lord Berkelev Anthonv Tjord Ashlev Chancellor of 76 COLONIAL RECORDS. his Maj""^ Hxehe({uor S'' George Carteret K' and BaiToiiet Vice Cliam- berline of liis Maj*'^^ Household S'' John Colleton K' and Barr" and S'' W" Berkeley K' the Lords Proprief^ of the Province of Carolina of the one part And Maj'' W"" Yeamans of Barbados for and on the behalfe of S"" John Yeamans Barr" his Father CoUonell Edmund Reade Symon Lambert Niceolas Edwards Robert Gibbs Samuell Tidcombe Henry Milles Thomas Lake Tho: Maycoke John Somerhayes Bartholomew- Roes John Gibbs Basill Gibbs John Dickenson Thomas Gibbs Benjamin Rees Miles Scottow Nathanyell Meazcricke Bartholomew Rees Juno' John Arthur Samuell Smith Tliomas Partrige John Walice John Brent John Godfrey Get)rge Thompson Rob' Williams Lawrence Halske W" Burges Joliu Tothill James Thorpe Rob' Tothill W" Forster Thomas Merricke John Merrieke George Phillips Edward Jacobs Rob' Hackett Beniamin Waddon Rob' Johnston Thomas Dickes Tho : Clutterhooke John Forster \A111 : Sharpe Jolm Ham John Start Matliew Grey John Kerie Richard Baily Edward Thorneburgh Thomas Liston Anthony Long Thomas Norvill Giles Hall James Norvill Will" Woodhouse Jacob Scantlebury Samuell Ivambart John Forster William Byrdall Richard Barrett Edward Yeamans John Killicott Isaac Lovell Thomas Clarke John Woode John Bellomy John Greenesmith Rob' Breoitir Thomas Dowden Niceolas Browne John Wilson Rob' Sinckter Thomas Perkins James Thorpe Rob' Richards Benjaraine Hadlnt Christopher Goupher James Walter James Haydensen W" Birdall Mordecai Bowden Juin(/ George Nore Humphrey Waterman and himselfe Adventurors to and Setlers of some part of the Province aforesaid and of all others that shall adventure settle and plant in the said Province of the other part as followeth ; Whereas the said Major William Yeamans is Imployed to the said Lords Propriato'* by the persons above mentioned and by them declared under theire liands to be their Agent and Representative and that they have given him full power to treate propose and conclude with the said Lords about all matters relating to that which they have allready done as alsoe to wliat shalbe necessary and convenient to be done obligeing themselves and tlieir posterityes to accept of, stand to, and abide by what- soever the said Majo'' William Yeamans shall conclude of and agree upon in relation to the Setlement of Carolina or any jjarte thereof, Now in pursuance (^f the power &c given to the said Ma,io'' W"^ Yeamans by tlie parties above menconed. These present Articles doe witnes And it is covenanted graunted and agreed by and between the said jjartyes as fol- loweth, COLONIAL RECORDS. Imp"' Tlie «iitl Jjortls for tlieir parts their 'lieires Execat"* and Ad- ministrate doe covenant and promise to performe I'ullill and keepe all the Concessions and particnlers that are to bee by them performed and keept nienconed in the Concession and agreem" hereunto annext c(jntayn- ing the man'' of Government w"' several! Ifilunities and priviledges granted to all such persons as shall goe or send to plant or as are already planted in the respective Countyes or Collonys in these Province of Carolina. Item The Lords doe further covenant and proniis that they will cause to be sliipt before the first day of February next twelve peeces of Ordi- nance with Carr'^ges Saddles Spiinges and shott convenient and necessary and twenty barrels of powder one hundred fierlocks and one hundred Alatchlocks w"" Leatle and Bullets fitting as alsoe two hundred pare of Ban- dalyers for y" Armeing and Providing of a Foart to be erected and built neare Port Royall or neare some other harbour River or Creeke whose mouth or Entrance is Southward or Westward of Cape Romania in the Province aforesaid by the Respective Adventurers before menconed or by any others under their Authority. Item The Lords doe further covenant that every one of the Adven- turers of the Island of Barbados and their associates of England New England the Le\\'ard Islands and Barmothos that hath subscribed and paid or shall subscribe and pay within forty days after notice of this in the Barbados, and the other places unto the Treasurer or Treasurers ap- pointed or to be appointed by the Comittee choosen or to be choosen by the adventurers that are or shalbe to receave the same for the defraying the charge of carrying people that cannot pay for the transportation of themselves to port Royall or some Harbour River or Creeke whose mouth or Entrance is to the Southward or westward of Cape Romania and for y" making of soiue Fortification therefor and towards a setlement of those and other people in that place, and for other Nessessary Charges concern- ing the setlement aforesaid And shall send such proporcons of men Armed and provided as their owne C'omittee shall agree upon in the first ship or shipes that shalbe sett forth to begin a setlement there, shall have Graunted to them and their heirs for ever for every thousand pound of sugar sub- scribed and paid five hundred acres of land and soe in proportion for a greater or lessor some subscribed and paid as aforesaid to be taken up within five years after the date hereof and settled as other Lands are to be setled viz' with an able man ^Vrmed with a good Firelocke boare twelve Bullets to the pound Tenn pounds of powder and twenty poiuuls of Bullets with six Monthes provision within (jnc yeare after y' takeiug 78 COLONIAL RECORDS. U}) of the said Land whtcli Land shalbc taken up to tlie Sontli or West- ward of Cape Romania and by Lotts as is proposed and pre.scril)ed in tlie General! Concessions and Agreements concerning the setlement of the respective Countyes in the said Province And shall pay one halfe penny ster^ for every acre English measure yearely in manor as in the Conces- sions hereunto annexed. Item The Lords doe further covenant and promis tliat whoever shall goe or send in the first Fleete w*"* Coll : John Yeamans he fayling with the first Govern' or Deputy Govern" shall have for his own head one hundred and fifty acres of land to him and his heires for ever English measure And for every able man servant he or shee shall carry or send armed and jn'ovided as aforesaid one hundred and fifty acres of land like measure, and to every such servant after the expiration of his or their time seaventy five acres of Land to be taken up by Lots as aforesaid in the place before menconed And to every other Sarv' that shall there goe af- ter the first fleete such qnantvties as in the Generall Declaration is exprest, upon \\'hich hinidred and fittv acres of land lie shalbe obliged to keepe one able man and noe more and in fayler thereof to forfeite the same as in the Generall Concessions and agreement is exprest for which land there slialbe reserved yearlie to the Lords their heires and assignes one halfe pennv "^ acre English measure to be paid in manner, as for other Ijands in the Concessions menconed. In consideration whereof The said Maj"^ Will : Yeamans doth covenant as well on the behalfe of his Father S"" John Yeamans Bar" and of Coll : Edmund Reade and of all the adventurers settlers and planters befoi-e exprest and of all others that shall adventure setle and plant as of himselfe that they shall for their pte perform fulfill and keepe all y" the particulers that are to bee by them performed menconed in the Concessions and Agreement hereunto annexed And that there shall be provided before the last day of September next two shippes of one hundred and twenty tonus each of them at least with Ordinance convenient in each shipp and with pow- der shott and provisions necessary for the transportation of such persons as cannot pay for the passage of themselves to the Southward of Cape Romania there to setle and plant and to erect a foart and in it to plant the Artilliry sent by the Lords afores'* for the retreate and preservacon of the first settlers and of those tliat shall follow In witness of truth tlie said Ma,]' Wm. Yeamans hath hereunto set his hand and Seale this sev- enth day of January In tlie sixteenth yeare of his Maj"°^ rayne Anno. Dom: 1664. COLONIAL RECORDS. 79 The Concessions and Agreement of the Lords Propryators of the Province of Carolina to and with tlie adventurers of the Island of Barbados and their associates of England NeSv England the Carrib- bia Islands and Barniothos to the Province of Carolina and all that shall plant there In order to the setling and planting of the Countye of Clarendine the County of Albemarle and the County which latter is to bee to the southward or westward of Cape Romania all within the Province aforesaid. 1 . Imp"' Wcc doc consent and agree tiuit the Governor of each County hath power by the advice of his Councill to depute one in his place and Authority in case of death or removall to continue untill our furthci- order unless wee have commissionated one before. 2. Item That he hath likewaycs power to make clioyce of and to take to him six Councillors at least or twelve at moast or any even Number between six and twelve with whose advice and <^onseut or with at least three of the six or fower of a greater Number all being sumoned he is to govern according to the Ijymitacons and Instructions following during our pleasure ; 3. Item That the chiefe Registers or Secretarys which wee have chosen or shall chuse wee fayling that hee shall chuse shall keejie exact enteryes in taire bookes of all publickc att'ares of the said Countyes and to avoyde deceiptes and lawsuits shall reconl and enter all Graunts of Land from the Lords to the planter and all conveyances of Land howse or howses from man to man, As alsoe all leases for Land howse or howses made or to be made by the I^andlord to any tennant for more than one yeare which conveyance or Lease shalbe first acknowledged by the Grant' or Leaso'' or proved by the oath of t\\() witnesses to the convey- ance or Lease before the Governor or some Chiefe Judge of a Court for the time being whoe shall luider our hand us grant upon the backside of the said deede or Lease attest the acknowledgement or proofe as afore- said which shalbe our grant for the Registers to record the same which Conveyance or Lease soe recorded shalbe good and eflt'ectuall in Law not- withstanding any other conveyance deede or Lease for the said Land howse or howses or for any part there although dated l)efore the Convey- ance deede or Lease soe recorded as aforesaid And the said Registers shall doe all other thing or things that wee by our Instructiorts shall direct and y^ Governors Councell and Assembly shall ordaine for the good and wellfaire of the said Countyes ; 4. Item That the Surveyor Gen" that wee have chosen or shall chuse wee fayling that the Governor shall chuse, shall have power by himself 80 COLONIAL RECORDS. or Deputy to survey ley out and bound all .such Lands as shalbe granted from the Lords to the Planters (and all other Lands within the said Countyes &c which may coucerne particular men as he shalbe desired to doe) And a particuler thereof certifie to the Registers to be recorded as aforesaid Provided that if the said Registers and Surveyors or either of them shall soe misbehave themselves as that the Governor asid Coinicill or Deputy Governor and Councill or the maj'' pte of them shall finde it reasonable to suspend their Actings in their respective Imployments it shalbe lawfull for them soe to doe untill further order from us ; 5. Item That all choise of officers made by the Governor shalbe for uoe longer time then during our pleasure ; 6. Item That the Governors Councillors Assemblymen Secretarys Surveyors and all other officers of trust shall s\\'are or subscribe (in a booke to be provided for that purpose) that they will bare trew alleagance to the King of England his heires and successors and that they wilbe faithfull to the Interest of the Lords Propryaf'' of the said Province and their heires executors and assignes and endeavor the peace and wellfaire of the said Province and that they will trewly and faithfully discharge their respective trusts in their respective offices and doe equall justice to all men according to their best skill and judgm' without corruption favor or affection, and the names of all that have sworne or subscribed to be entred in a booke; And whosoever shall subscribe and not sware, and shall vyolate his promis in that Subscription shall)e lyable to the same punishm' that the persons are or may be tliat have sworne and broken their oathes; 7. Item That all persons that are or shalbecome subjects to the King of England and sware or subscribe allegiance to tlie King and faithful- ness to the Lords as above shalbe admitted to plant and become freemen of the Province and enjoy the freedomes & Imunityes hereafter exprest untill some stop or C'ontradiccon be made by us the Lords or else by the Governor CV)uncill and Assembly w"'' shalbe in force untill the Lords see Cause to the Contrary provided y' such stop shall not anywayes preju- dice y^ right or Continewance of any person that hath lieene rec'* before such stop or order come from the Lords or Gen" Assembly. 8. Item That noe person or persons quallifyed as aforesaid within the Province (jr all or any of the Countyes before exprest at any time shalbe anywayes molested punished disquieted or called in question for any dif- ferences in opinion or practice in matters of religious concernment whoe doe not actually disturbe the civill peace of the said Province or Coun- tyes but that all and every such person and persons may from time to COLONIAL RECORDS. Xl time and at all times freely and fully have and enjoye his and their judg- ments and contiences in matt''^ of religion throughoixt all the s** Province they behaving themselves peaceably and quietly and not using this lib- erty to Lycentiousness nor to the Civil) Injury or outward disturljauce of others, any Law statute or clause couteyued or to be conteyned usage or custom of this realme of ICngland to the contrary hereof in anywise notw^'standing. 9. Item That noe pretence may be taken by us our heires or assignes for or by reason of o"^ right of patronage and ])ow'' of advowson graunted unto us by his Maj'""" Letters pattents aforesaid to infringe thereby y' Gen" clause of Liberty of Contience aforenienconed We doe hereby graunt unto the Gen" assemblyes of y" sev" Countyes power by act to constitute and appoint such and soe many Ministers or preach'* as they shall thinke fitt, and to establish their maintenance Giving Liberty be- sides to any person or persons to keepe and mainteyne w* preachers or Ministers they please. 10. Item That the inhabitants being freemen or chiefe agents to others of y" Countyes afores*^ doe as soone as this our Comission shall arrive by virtue of a writt in our names by the Governor to be for y'^ present (untill our scale conies) sealed and syned make choice of twelve Dejjutyes or representatives from amongst themselves whoe being chosen are to joyne with him the s"* Governor and Council! for the makeing of such Lawes Ordinances and Constitutions as shalbe necessary for the present good and welfare of the severall Cr)untyes afores*^ l^ut as soone as Par- ishes Divisions tribes or districcons of y'^ said Countyes are made that then y" Inhabitants or Freeholders of the sev" and respective Paris^hes Tribes Devisions or Districicons of the Countyes afores'^ doe (by our writts under our Scale w''*' wee Ingage shalbe in due time issued) annu- ally meete on y" first day of January and chuse freeholders for each respective denizon Tribe or parisli to l)e y'^ Deputyes or representatives of y'' same, which body of Representatives or y" Maj'' parte of them shall w"' the Governor and Councill afores'' by y" Gen" Assembly of the County for which they shalbe chosen, the Governor or his Deputy being present unless they shall wilfully refuse in w"'' case they may appoint themselves a president during tlie absence of the Governor or his Dep- uty Governor. Which Assemblyes are to have power. 1. Item To appoint their own times of meeting and to adjorne their sessions from time to time to such times and places as they shall thinke 7 82 COLONIAL RECOKDS. Convenient as alsoe to ascertaine y* Number of their Quorum Provided that such numbers be not less than y^ third pte of the whole in whome or more shalbe y' full power of the Generall Assembly (viz') 2. Item To enact and make all such Lawes Acts and Constitutions as shalbe necessary for the well Government of y* County for w""" they shalbe chosen and them to repeale provided that the same be consonant to reason and as near as may be conveniently agreable to the Lawes and Customes of his Maj'"' Kingxlom of England provided alsoe that they • be not against y' Interest of us the Ijords Proprvators our heires or assignes nor any of these our present concessions Espetially that they be not against the Article for Liberty of Contience abovemenconed, which Lawes &c soe made shall receave publication from the Governor and Councill (but as the Lawes of us and our Gen" Assembly) and be in force for the space of one yeare and a halfe and noe more ; Unless con- tradicted by the Lords Propryators within which time they are to be presented to us our heires &c, for our ratification and being confirmed by us they shalbe in continuall force till expired by their awne Limitacon or by Act of Repeale in like manner as afores'^ to be passed and con- firmed ; 3. Item by act as afor&s* to constitute all Courts for there respective County es, togeather w"' y^ Lymitts powers and jurisdiccons of y° said Courts as alsoe y" severall ofiices & Number of Officers l^elonging to each of the s** respective Courts togeather with there severall and respective salleryes fees and perquisites Theire appellations and dignities with the penalltyes that shalbe due to them for breach of their severall and respective dutyes and Trusts. 4. Item by act as afores'^ to ley equall taxes and assessments equally to rayse moneyes or goods upon all Lands (excepting the lands of us the Lords Proprvators before setliug) or persons within the severall precincts Hundreds Parishes Manors or whatsoever other denizions shall hereafter be made and established in y^ said Countyes as oft as necassity shall re- quire and in such manner ^s to them shall seeme most equall and easye for y^ s* Inhabitants in order to the better supporting of the publicke Charge of the said Goverment, and for the mutuall safety defence and security of y" Countyes. 5. Item by act as afores*^ to erect within y"" said Countyes such and soe many Barronyes and Manors with their necessary Courts, jurisdiccons freedomes and priviledges as to them shall seeme convenient, as alsoe to devide y' s"* Countyes into Hundreds Parishes Tribes or such other deni- zions and districcons as thev shall thinke fitt and the said Divisions to COLONIAL RECORDS. 83 distinguish by what names we shall order or direct, and in default thereof by such Names as they please As alsoe within any part of y' said Conn- tyes to create and appoint such and soe many ports harbours Creekes and other places for y" convenient ladeing and unlading of goods and mer- chandize out of shipps, boStes and other vessells as they shall see expe- dient with such jurisdiccons priviledges and francheses to such ports &c belonging as they shall judge most convenient to the gen' good of y* said plautacon or Countyes. 6. Item by these enacting to be confirmed as afores'* to erect rayse and build within the s** Countyes or any part tiiereof such and soe many Forts Fortresses Castles Cittyes Corporacons Borroughs Townes Villages and other places of strenkt and defence and them or any of them to in- corporate with such Charters and priviledges as to them shall seeme good and our Charter will permit and the same or any of them to fortifie and furnish with such Proportions of ordinance po\v'der shott Armor and all other weapons Ammunition and Habillaments of warr both offensive and defensive as shalbe thought necessary and convenient for the safety and welfare of y' s** Countyes. but they may not at any time demolish dis- mantle or disfurnish the same without the consent of the Governor and the Major parte of the Couucill of the County where such Forts Fort- resses &c. shalbe erected and built ; 7. Item bv act as afores** to constitute trayne bands and Companys with the number of souldiers for the safety strength and defence of the said Countyes and Province and of the Forts Castles Cittyes &c to sup- press all meutinyes and Rebellions. To make warr offensive and defen- sive with all Indians Strangers and Foraigners as they shall see cause and to persue an Enemy by sea as well as by land if need be out of y* Lvmitts and Jurisdiccons of y^ s'^ County with the perticculer consent of the Governor and under the Conduct of our I^eut : Gen : or Comauder in Cliiefc or whome he sliall appoint. 8. Item by act as afores* to give unto all strangers as to them shall seeme meete a Naturalizion and all such freedomes and priviledges within the s* Countyes as to his Maj*'"' subjects doe of right belong they swear- ing or subscribing as afores'^ w°'' said strangers soe naturallized and priv- iledged shall alsoe have the same Imunityes from Customes as is granted by the Kinge to us and by us to y° said Countyes and shall not be lyable to any other Customes then the rest of his Maj"'' subjects in the s'* Coun- ties are but be in all respects accompted in the Province and Countyes aforesaid as the King's naturall subjects. 84 COLONIAL RECORDS. 9. Item by act as aibres" to prescribe y" quaiitityes of land which shalbe from time to time alotted to eavery head free or Sarv' male or female and to make and ordaine Rules for the casting of Lotts for Land and leying out of y^ same provided y' these doe not their said prescrip- tions exceed y*' severall proi)()rtions which are* hereby graunted by us to all persons arriveing in y° s** Countyes or adventuring theither; 10. Item the Gen" Assembly by act as afores'^ shall make provision for the maintenance and Support of the Governor and for the defraying of all necessary Charges of the Goverment as alsoe that the Cunstables of the respective Countyes shall collect the halfe penny "^ acre payable to y'' Ijords in theire Countyes and pay y^ same to y° receavor y' y^ Lords shall appoint to receave the same unless y* s** Generall Assembly shall pi-escribe some other way whereby the Lords may have their rents duely collected w"'out charge t)r trouble to them. IL Lastly to enact constitute and ordaine all such other Lawes actes and constitutions as shall or may be necessary for the good prosperity and setlement of y° said Countyes excepting w' by these presents are excepted and conformeing to Ivimitacons herein exprest. The Governors are witji theire Councill before exprest : 1. Item to see that all Courts established by the Lawes of y' Gen" Assembly and all Ministers and officers Civill or Military doe and exe- cute their severall dutyes and offices resi)ectively according to the Lawes in force and to punish them from swerveing franl the Lawes or acting contrary to their trust as the nature of their oflence shall recjuire. 2. Item according to the constitutions of the Gen" Assembly to nom- inate and comissionate the severall Judges, Members and Officers of Courts wheither Majistraticall or Ministeriall and all other civill officers as Justices Coroners <tc the Comissions and powers and Priviledges to revoake at pleasure provided that they appoint none but such as are freeholders in the Counties afores'* unless the Generall Assembly con- sent ; .3. Item according to the Constitutions of the Gen" Assembly to ap- point Courts and officers in Cases Cryminall and to impower them to inflict penalty es upon offenders against any of the Lawes in force in y" said Countyes as y'' said Lawes shall ordaine wheither by fine Imprison- ment Banishiu* corporall punishm' or to y'' taking away of member or of Life itselfe if there be cause for it. 4. Item to place officers and soldiers for the safety strenkt and defence of the Forts Castles Cittyes &c according to y" number appointed by the Gen" Assembly to nominiate place and comissionate all millitarv COLONIAL RECORDS. 85 officers under y* dignity of y" Lent : Gen" whoe is comissionated by us, over the sev" trayned V)ands and Companys constituted by y* Gen" As- sembly as Collonels C'apts : &c and theire comissions to revoake at pleas- ure, y* Lent : Gen : with the advice of his Council! unless some present danger will soe permitt him to advize to muster and trayne all y" soldiers w^in the said County or Countyes to prosecute warr persue an Enemy supjiress rebel'ions and me\\i:iuies as well by sea as Land and to exercise the whole jSIillitia as fully as by our Letters pattents from the kinge wee can impower him or them to doe Provided y' they appoint noe Military officers but w' are freehohlers in the s"* Countyes unless y" Gen" Assembly shall consent ; 5. Item where they see cause after condemnacon to reprieve untill the Case may be presented with a Coppy of y" whole trvall proceedings and proofes to y^ Lords who will accordingly eather pardon or cofnand exe- cution of y* sentence on y** offender who is in y^ meane time to be kept in safe custody till the pleasure of y' Lords be knowne 6. Item in case of death or other removall of any of the representa- tives within the yeare to issue summons by writt to y" respective division or divisions for which he or they were chosen coiuanding the freeholders of y" same to chuse others in their steade; 7. Item to make wan-ants and to scale Grants of Land according to theis our Concessions and the prescriptions by y* advice of y^ Gen" As- sembly in such forme as shalbe at large set down in our Instrucons to y^ Governor in his Comission and which are hereafter expressed. 8. Item to act and doe all other thing or things y* may conduce to y^ safety peace and well Go^•ernment of y^ said Countyes as they shall see fitt soe as they be not contrary to y" I^awes of y'' Countyes aforesaid ; For the better security of the proprietyes of all the Inliabitants 1. Item They are not to impose nor suffer to be imposed any tax Cus- tome Subsidy Tallage Assesment or any other duty w'soever upon any Culler or pretence upon y'' s"* County or Countyes and the Inhabitants thereof other then what shalbe imposed by y^ Authority and consent of y" Generall Assembly and then only in manner as aforesaid ; 2. Item they are to take care y* land (piietly held planted and pos- sessed seaven yeares after its being first duely surveyed by the Surveyor Generall or his order shall not be subject to any review resurvey or altera- tion of bounds on w' jiretence soever cu- by any of us or any offic'* or Ministers under us. 3. Item they are to take care y' nt)e man if his Catle straye range or graze on any ground w"'in the s* Countyes not actually approprvated or 86 COLONIAL RECOEDS. sett out to particuler persons slialbe lyable to pay any trespass for y' same to us our heires &c Provided y' C'ustonie of Comons 1)6 not thereby pre- tended to; nor any person hindred from taking up and appropriating any Lands soe grazed upon and y' noe person ])ur])osely doe suffer his Catle to graze on sucli land. 4. Item it is our will and desire that y' Inhabitants of y^ said Countyes and adventurers theither shall enjoye all the same Imunityes from Cus- tomes for exporting certine goods from tliese Realmes of England &c theither as y" Kinge hath been graciously pleased to graunt to us as alsoe" for y* Incorragement of y" Manufaef' of wine silke oyle ollives fruite almonds &e. menconed in the patteut have priviledge for bringing them Custome free into any of his Maj"'' dominions for y^ same time and upon y" same tearmes as we ourselves may by our Pattent. And that the planting of the Countyes afores* may bee the more speedily promoted : 1. Item The Governors are to take notice that wee doe hereby graunt unto all persons whoe have already adventured to Carolina or shall trans- port themselves or Sarv'' before y'' first day of January which shalbe in y* yeare of our Lord one thousand six hundred sixty five theis fol- lowing proporcons of land viz' if to y^ County of Clarendon one hun- dred acres English measure to every freeman and as much to his wife if hee have one And to every freewoman y' already is or shall arrive into y^ s'^ County with a Sarv* or Sarv" to plant within y' Province afores'^ one hundred acres like measui-e To a ^Nlasf or ^Nlistres for every able man Sarv' he or shee hath brought or sent or shall bring or send as afores"* being each of them armed with a good fireli)cke or iNIatchlocke boare twelve bullets to the pound ten pounds of powder and twenty p(nnids of bullets w"" INIatch proportionable and victualled for six monthes fifty acres of like measure for every weaker Sarv' hee or shee hath brought or sent or shall bringe or send as afores*^ as woemen children and slaves above v'' age of fowerteene yeares, And fifty acres like measure for every C'hris- tian Sarv' y' is brought or sent within y** s'^ time to his or her proper use and behoofe when their time of servitude is expired ; 2. Item to everv freeman and freewoman y* shall arrive in y^ s'' County armed and provided as afores'' within the second yeare from y' first dale of January one thousand six hundred' sixty five to y" first of January one thousand six hundred sixty six with an intcncou to ])lanting seaventy five acres of Land and seaventy acres for every able man Sarv' that he or they shall cany or send armed and provided as aforesaid : COLONIAL RECORDS. 87 3. Item for every weaker sarvant or slave adged as afores'' y' shalbe carryed or sent theither \vithin y'' second yeare as afores* forty acres of Land To every christian sarvant y* shall arrive y" second yeare forty acres of Land of like measnre alter y" expiration of his servitude. 4. Item to every freeman or freewoman armed and provided as afores'' y' shall goe and arrive with an intention to plant within y'' third yeare from January one thousand six hundred sixty six to January one thou- sand six hundred sixty seaven fifty acres of Land like measure and for every able man sarv' y' he or they shall carry or send within y'' s* time armed and provided as afores* the like quantity of I^and and for every weaker sarv' or slave adged as afin'es'' y' he or they shall ("arry or send within the third yeare twenty five acres of I^aud and to every Christian sarvant soe carryed or sent in the third yeare twenty five acres of Land of like measure after the expiracon of his or their time of Sarvice; 5. Item we do hereby graunt unto all persons whoe have already ad- ventured to Carolina or shall transport themselves or sarvants before y" first dale of January which shalbe in y" yeare of our Lord one thousand six hundred sixty five theis following proportions of Land If to y" County of Albemarle eighty acres English measure to every freeman and as much to his wife if he have one And to every freewoman y' already is or shall arrive into y'^ s* County with a Sarv' to plant within y*^ time afores'' eighty acres like measure To a Master or iNlistres for every able man Sarv' he or shee hath brought or sent or shall bringe or send as afores'* being each of them armed with a good firelock or matchlock boare twelve bullets to y*" pound tenn pounds of jiowder and twenty pounds of bullets w"' match proportionable and victualed for six monthes eighty acres of like measure ami for every weaker Sarv' he oi' she hath brought or sent or shall bringe or send as albres*' as woemen chil- dren and slaves above the age of fowerteene yeares, forty acres like measure And foi- every C'hristian Sarv' y' is brought or sent within y'^ said time to his or her proper use and behoofe when their time of Sarvitude is expired forty acres of like measure; 6. Item to every freeman and freewoman y' shall arrive in y'^ s"* County armed and provided as afores'' \vitliin y' second yeare from y" first day of January one thousand six hundred sixtie five to y" first day of January one thousand six hundred sixty six w"' an intencon to plant sixtie acres and sixty acres for every able man Sarv' y' he or they shall carry or send Armed and provided as aforesaid ; 7. Item for every weaker Sarv' or slave adged as afores'' y' shall be carrved or sent theither w"'in v' second veare as afores'* Thirty acres like 88 COLONIAL RECORDS. measure To every Christian sarv' y' shall arrive y^ second years Thirty acres of Land of like measure after y*" expiracon of his or there time of servitude. 8. Item to every freeman and freewoman armed and provided as afores^ y' shall goe and arrive w"' an intencon to plant w''''in y" Third yeare from January one thousand six hundred sixty six to January one thousand six hundred sixty seaven Forty acres of Land like measure, and for every able man sarv' that he or they shall carry or send \v"'in y" s^ time armed and provided as afores* y^ like quantity of land, And for every weaker sarv' or slave adged as afores** y' he or they shall carry or .send within y* Third yeai'e Twenty acres of Land like measure, And to every Christian Sarv' so carryetl or sent w"'in y'^ Third yeare Twenty acres of land of like measure after y" expiracon of his or there time of servitude ; 9. Item we doe hereby graunt unto all persons who have already ad- ventured to Carolina or shall transport themselves or Sarv*^ before y® first day of January which shalbe in y** yeare of our Lord one thousand six hund''* sixty five these following proporcons viz' to every freeman y' shall goe w*** y* first Govern'' from y*" port where hee imbarkes (or shall meete him at y" Randeyvous he ai)points) and from thence goe witli him to y' southward or westward of Cape Romania w'^'in the province afores** for y" settlem' of a Plantacon there which we name to be y" County of Armed w"" a good muskett boare t\\'elve bullets to y° pound ^v"' Tenn pounds of powder & Twenty pounds Bullets w"' Bandalears and match convenient and w"" six monthes provision, for his owne person arriveing there, one hundred and fifty acres of Land English measui'e And for every able man Sarv' y' hee shall carry w"" him Armed and provided as afores'* and arriveing there y" like (juantity of one hundred and fifty acres and whoever shall send Sarv'^ at y' time shall have for every able man Sarv' hee or they shall send armed and provided as afores* and ariving there y° like quantity of one hundred and fifty acres and for every weaker Sarv' or slave male or female exceeding y'' age of fower- teene yeares which any one shall send or carry arriving there seaventy five ateres of land and to every Christian Sarv' exceeding y" age afores** after y* expiracon of their time of service, seaventy five acres of land for there owne use. 10. Item to every INIasf or Mistress y' shall goe before y*" first day of January w"*" shalbe in y' yeare of our Lord one thousand six hund'"' sixty live one hund"' and Twenty acres of land and for every able man Sarv' y' hee or shee shall carry or send armed and provided as afores"* and ar- COLONIAL rp:cords. riveing w^Hn y" time afores* y' like (piantity of one liund'''' & Twenty acres of Land and for every weaker Sarv' or .slave male or female ex- ceeding y" age of fowerteen yeares ariving there sixty acres of land and to every Christian Sarv' to there owne nse and beh(n)fe sixty acres IL Item to every freeman and freewoman y' shall arrive in y"^ s** County armed and i)rovided as afires'' w"'in y"' second yeare from y" first of January one thousand six hundred sixty five to y"^ first of January one thousand six hund'''' sixty six w"' an Intencon to plant ninety acres of Land English measure and for every able man Sarv' y* hee or shee shall carry or send Armed and provided as afores*^ Ninty acres of Land of like measure. 12. Item and for every weaker Sarv' or slave adged as afores'' y' shalbe soe carryed or sent theither w"'in y'' second yeare as afores"* forty five acres of Land of like measure, and to every Christian Sarv' y* shall arrive y* second yeare forty five acres of land of like measure after y" expiration of his or there time of servitude, for there owne use and be- hoofe, all w"^ Lands soe granted in y' 9 : 10: 11 : and 12: articles pre- ceeding and y*^ lo"" following are ment and intended to Ije taken up and given in y' County of and not elsewhere, 13. Item to every freeman and free^voman armed and provided as afores"^ y' shall goe and arrive w"" intencon to j)lant \v"'in y"* Third yeare from January one thousand six liundred sixty six to January one thousand six hundred sixty seaven armed and provided as afores'' sixty aci'es of land like measure and for every abl(> man Sarv' y' hee or they shall carry or send w"'in y" s*^ time armed and provided as afores'* y" like quantity of sixty acres of land and for every weaker Sar\'' or slave adged as afores* y' he or they shall carry or send w"'in y" Third yeare thirty acres of land, and to every Christian Sarv* soe carryed or sent in y" third yeare thirty acres of Land of like measure, after y^ expiracon of his or there time of service. All which land and all other y' shalbe possessed in s'' Countyes are to be held on y" same tearmes and Condicons as is before menconed and as hereafter in the following Pharagraphes is more at large exprest Provided y* all y'' before menconed Land and all other w'soever y' shalbe taken up aiid soe setled in y' s* Province shall afterwards from time to time for y'' space of thirteene yeares from y'' date hereof be held upon y" Condicon afores* of continewing one able man Sarv* or two such weaker Sarv*^ as afores'' on every hundred acres Master or Mistres shall possess besides w' was graunted for his or her owne person, In failer of w* upon Notificacon to y" present Occupant or his assignes, there shalbe three yeares given to such for there ct)mpleating the sai<l Number of persons 90 COLONIAL RECORDS. or for there sayle or other disposure of such part of there Lands as are not soe peopled w"'in y^ time of three yeares if any j^erson holding any Lands shall faile by himselfe his agents executors or assignes or some other way to provide such number of persons, Unless the Gen^^ Assembly shall without respect to poverty judge y' it was impossible for y* party soe fayleing to keepe or procure his or her Number of Sary*^ to be pro- vided as afores'' In such case wee y^ Lords to have power of disposeing of soe much of such Land as shall not be planted w**" its dew Number of persons as afores^ to some other y* will plant y' same ; Provided alwayse y' any person who hath a stocke of Catle sheepe or such like on his hands shall for every greater soart of Cattle w"'' hee hath at y" time of such forfeiture as horses Kine &c, retain two acres, and for every lessor sorte as sheepe hoggs &c one acre Provided alsoe y' noe persons arriveing into y^ s'^ Countyes w"" purpose to setle (they being subjects or Natural- lized as afores"*) be denyed a graunt of such proporcons of Land as at y^ time of there arrivall are due to themselves or Sarv'" by Concession fi-om us as afores"* but have fidl Lycence to take up and setle y'' same in such order and manner as is granted or prescribed all Lands notw"'standing (y° powers in y^ Assembly afores"*) shalbe taken uj) by warrant from y° Governor and confirmed by y^ Governor and C'ouncill under a Scale to be provided for y' purpose in such order and meth-hood as shallie set d(jwne in this declaration and more att Large in y" Instruccons to y' Governor and (Jouncill. And that tlie lands may be the more regulerly layd out and all persons the better ascertayned of there titles and possessions. 1. Item in the bounding of y" County of Clarendon the Governor and Gouncill (and Assembly if any bee) are to make choyce of (and con- fine themselves and planters to) one side of y^ mayne river neare Cape Faire, on which some of y^ adventurers are already setled or intend to setle and y^ Islands in or neare y^ said River next y^ side they setle on. Unless they have already setled some Island neare y^ other side which if they have they may continew thereon ; 2. Item the Governor of y" County of with y" advice of his Couucill is to bound y" said County as he shall see fitt not exceeding Forty myles square or sixteene hundred Square myles. 3. Item they are to take care and direct y* all Lands bee devidetl bv Gen" Lotts none less then two tlionsand two hundred acres nor more then two and twenty thousand acres in each Lott excepting Cittyes Townes &c and y° neare Lotts of towneshipps and y' y*" same be undeci- mally devided one eleaventh part by lott to us our heires and Assignes COLONIAL RECORDS. 91 y' Remaynd'' to persons as tliev come to plant y" same in such proporcons as is allowed ; 4. Item that y" Governor of each C'Ounty or whome he shall depute in Case of death or absence if some one be not before Comissionated by us as afores'^ doe give to every person to whome land is due a warrant syned & sealed by himselfe and y" Major pte of his Councill and directe<l to y" Surveyor Gen" or his Deputy comanding him to ley out Lymitt and bound acres of Land (as his due proporcon is) for such a person in such allotm' according to w"'' warrant y" Register hav- ing first recorded y*' same antl attested the record upon y'^ warrant y*^ Survey' Gen" or his Deputy shall proceed and certifie to y'^ Chiefe Secre- tary or Register y' Name of y" person for whome he hath layde out land, by virtue of w' authority y'^ date of y'^ authority or warrant }" Number of acres y" bounds and on \v* poynt of y*" Compass y" Severall Lymitts thereof lye which Certificate the Register is likewayse to enter in a booke to be prepared for y' purpose with an Alphabeticail table referring to y" booke soe y^ Certificate may be y^ easier found and then to file y* Certifi- cates and y" same to Keepe safely The Certificate being entered a warrant comprehending all y*" particculersof Land nienconed in y** Certificate afitres'' is to be syned and sealed by him and his Councill or y^ Major pte of them as afores** (they haveing seen y" entry) and dii-ected to ye Register or Chiefe Secretary for his preparing a Graunt of ye land to y^ partv for whome it is layd out w"'' Graunt shalbe in the forme following viz' The Lords Proprietors of the Province of Carolina doe hereby graunt unto A. B. of y" county of Clarendon (or in w' County y^ same shalbe) in y^ province afores'^ a plantacon in ye said County Conteyning Acres English measure Boiuiding as in y" said Certificates to hold to him (or her) his (or her) heires and Assignes for ever Yielding and pay- ing yearly to y' said Lords Proprietors their heires or Assignes everv twenty fifth day of March according to y" English Acc° one halfe penny of Lawfull English mony for every of y*' said Acres To be holden of y" manner of in free and C'omon Soccage, ye first paym' of w''*' rent to beginn y'' twenty fifth day of March which shalbe in y" yeai'e of our Lord one thousand six hund''^ and seaventy according to y** English Account, Given under y' scale of y" County of Clarenden y' day of in y" yeare of our Lord To which Instrument y" Governor or his Deputy hath hereby full Authority to put ye^ scale of y" said County and to subscribe his Name as alsoe y^ Councell or Maj' pte of them are to subscribe there Names and then y'' Instrument or Graunt is to be by y" Register recorded in a 92 COLONIAL RECORDS. Buuke of RecoiJ,s tin' >' paipu.se ail w''' 'ueiug dune according to these instrnccuns we licreby declare y' the same shalbe effeotuall in Law for y" Injoym' of y^ said plantacon and all y* benefitts and profitts of and in y^ same, except y* halfe part of Mynes of Gokl and Silver paying y^ rent as afores** Provided y' if any plantacon so granted shall by y' space of three yeares l)e neglected to be planted with a sutficient Number of Sarv'' as is before inenconed y' then it shalbe lawfull for us otherM'ayse to disjiose thereof in whole or in part This graunt notw"'standing. 5. Item We doe alsoe graunt convenient proporcons of land for high- ways and for streetes not exceeding one hundred foote in bredth in Cittyes Townes Villages i'or churches Forts wharf's Keys Harbours and for pub- licke houses and to each parish for y* use of there Ministers one hundred Acres in such places as y' Gen" Asseml>ly shall appoynt ; 6. Item y" Governors are to take notice y' all such lands leyd out for y* uses and purjjoses in y^ next preceeding Article shall be free and ex- empt from all rents Taxes and other Customes or dutyes w'soever paya- ble to us our heires or Assignes. 7. Item that in leying out Lands for Cittyes Townes Villages Bur- roughes or other Hamlets y" said lands be undecimally devided one eleaventh part to l)e by lott layd out for us and y'* rest devided to such as shalbe willing to build thereon they paying after y" rate of one halfe penny per Acre yearely to us, as for there other lands as afores* w"** said Lands in Cittyes Townes &c is to be assured to each possessor by y' same way and Instrewment as is before menconed. 8. Item That all Rules relating to building of each streete or quantity of ground to be alotted to each house within y^ said respective Cittyes Burroughs and Townes be wholy left by act as afores* to y'^ wisdome and discreccon of y' Generall Assembly ; 9. Item That y^ Inhabitants of y^ said County have free passage through or by any Seas bounds Creekes Rivers &c. in y*" said Province of Carolina through or by which they must necessarily pass to come from y° Mayne Ocean to y" Coimtyes afores'' or any part of y° Province afores^; 10. Lastly it shalbe Lawful for y" Representatives of y° freeholders to make any address to y" Lords touching y^ Governor and Councill or any of them or concerning any Greivances whatsoever or for anything they shall desire without the Consent of the Governor and Councell or any of them, (Endorsed) Sealed and Delivered in y'' presence of us JO: PERYN. THO: WALKER COLONIAL RECORDS. 93 January 7"^ 1664-5 It is this day agreed by the Lords Propryators of Carolina that al- though the County of Clarendon neare Cape Faire, and all the tract of ground as farr as to the southward of the river S' Mathias and west as far as the South Seas, be for the present, under the Government of Sir John Yeamans, yet notwithstanding it is ment and intended, that that parte of it which is about to be setled to the southward and westward of Cape Romania be a distinckt Government from the County of Claren- don, and that there be a distinckt deputy Governor for the present and that it be called the C^ouuty of Craven and as soone as it shalbe conven- iently setled by the said Sir John Yeamans or any other that there be a distinckt Governor comissionated to p'overne there. [B. P. R. O. Col: Ent: Book. No. 20. p. 22.] V Mr. Drummond. Sir, Our last unto you was by M"" Peeter Carteret accompaning your Comis- sion and Instructions for the Government of the County of Albemarle in which we confined the County to 40. myles square or 40. square myles, in which there was a mistake for it should have been 1600 square myles instead of 40. of which you are to take notice and to bound the C'Ountv accordingly and if it be not enough to comprehend all the plantations already under that Government give us notice of the deft, and on what points of the Compas those plantations lye, that are without the bounds (from the entrance of tlie mayne River) and we cann soone enlarge your bounds; and shall if there be reason for it, wee rest Cockpitt. Your very loving frinds. January 7"^ 1664-65. [B. P. R. O. Col: Ent: Book. No. 20. p. 21.] Sir John Yeamans Sir, Haveing receaved a good carrector of your abillityes and Inteagryty and of your loyalty to the kinge from Sir .John Colleton, with an assur- ance that you will viggorously attempt the setling of a Collony or plan- 94 COLONIAL RECORDS. tation to the southward of Cape Romania which will conduce much to the Interest and hunuur of the kinge and advantage of his people, and more especially that of the first setlers, wee have in the first place prevaled with his Majestie to conferr the honor of a knight Barronet upon you and your heires, to M'honie wee have given assurance that you will deserve the same ; In the next place we have by our Commissions which goes by your Sonn, made you our Lieutenant Generall and Governor of that parte of our Province of Carolina, M'hich we conceave may most conduce to the setlement aforesaid and in as much as cann yet be under our Government for many reasons which we have not time to shew, ^ye have in our agree- ment with your Sonn indeavoured to compreliend all Interests especially that of New England from whence the greatest stocke of people will in prolxiltillity come, our more southerne plantations being already much drayned, wherefore we advize you to contrive all the good wayes you cann imagen to get those jieople to joyn with you in which there wilbe a com- mon Utillity especially by keepinge those in the Kinges dominions that either cannot or will not submitt to the Government of the Church of England. As for the six thousand acres of Land by you desired from us we doe here oblige ourselves to graunt the same to you or your assignes to be by you or them taken to the southward or ^^'est^\•ard of Cape Romania, by lott as other lands are to be taken ujj, in which we desire you to avoyde the comeing to neare the home Lotts which if you shall doe for any greate proportion, it will thin the people and weaken that part to the indangering of the whole, and alsoe as you take it up or cause it to be taken up and bounded within 3. yeares after the date liereof, you paying one halfe penny per ao-e English measure yearely the first payment to begin the 25*'' day of March which shalbe in the yeare of our Lord 1670. according to the English account. Wee doe likewayse ingage ourselves to graimt to your frind Captain William Merricke or assignes fifteene hundred acres of Land English Measure, in the places upon the tearmes,, wee have ingaged to graunt to you, wishing you good success and prosperity in your intended voyage and undertakings we rest Your very loving frinds. Cockpitt this 11"" January 1664. COLONIAL RECORDS. 95 [B. P. R. O. Col: Ent : Book. No. 30. p. 19.] Edward Earle of Clarendon Lord High Chancellor of England, George Duke of Albemarle &c ; The trew and ab.solnte Lords Propryators of all the Province of Carolina. To our trusty and well beloved Sir John Yeamans Barronet Governor of our County of Clarendon neare Cape Faire and of all that tract of ground wliich lyeth southerly as farr as the river S' INIathias which bord- ereth upon the Coast of Florida within 31. degrees northerne lattitude and soe west as farr as the South Seas as alsoe of all Islands and Islets, Rivers and Seas within the said bounds and our said Province of Caro- lina, And to our trusty and well beloved our Councellors and assistants to our said Governor, Greeting ; Bee it knowne unto all men that we the said Lords and absolute pro- pryators of the said County and tract of ground within the province afore- said for divers good causes and considerations but more especially out of the trust and confidence reposed by us in you our said Governor and Cotincellors for the faithfull management of the poA\ers and authorityes by us to you given to the best avayle and improvement of our Interest and Dominion in the said County of Clarendon, and all the tract of ground aforesaid; within our said Province and for the be.«t avayle and improvement of the Interest, Liberty, proprvetey and defence of all such as shall plant and inhabit there Land given, graunted and by these pres- ents doe give and graunt (during our pleasure) unto you our said Gover- nor by and with the advice and consent of our Councell or any 3. or more of the (3. or 4. or more of a greater number full and ab.solute power and authority for us and in our Names to lett sell convey and assiu-e such lands in our said County and tract of ground aforesaid to such per- son and persons and for such estate and estates, and with such provisoes conditions and limitations as w-e by oiu' concessions and agreement under our greate scale bareing date with thes presents to and with the adven- turers of the Island of Barbados and tliere Assotiates of England New- england the Carribbia Islands and Barmothos are obliged to graunt, and as yon shalbe directed by such other instructions and Rules as from time to time you shall receave from us and not other^\"ayes, thereby i*attyfy- ing and confirming whatsoever you shall Lawfully doe pursuant to the Concessions and Agreement and to such instructions rules and directions as aforesaid ; as alsoe to make doe performe and execute all and singuler 96 COLONIAL RECORDS. act and acts thing and things powers and anthorityes whatsoever, which we onrselves may can might or could doe in for concerning or relate- ing unto the Government both civill and millitary of the said County and tract of ground aforesaid by virtue of tlie Letters pattents of his most excellent Maj"'' Charles the Second by the grace of God Kinge of England Scotland France and Ireland defender of the faith beareing date at Westminster the twenty fourth of March in the 15 yeare of his Reigne to be exercised neavertheless according to such Instructions or with such Limitations restrictions conditions and provisoes as in these presents are hereafter conteyned, hereby rattyfying contirnieing and allow- ing all and eavery such act and acts thing and things which our said Governor and our said Councellors in our names shall doe in the prem- ises pursuant to the authority hereby comitted, Provided and it is hereby declared that this present deede or any thing therein conteyned, doth not extend nor shall it be deemed or taken to extend to give up to our said Governor or our said Councellors or either or any of them any power or authority to make any maner of graunt conveyance demise or other like dispt)sition oi' any lands lyeing within or being parte of the said County and tract of ground aforesaid, T)ut according to our Conces- sions and Instructions and reserveing for every acre English measyre which by virtue of this authority we shall graunt to any person or per- sons one halfe penny of LawfuU money of England yearely rent to be paid to us our heirs or Assignes on every 25 day of March according to the English accompt the first payment whereof to begin on the 25 day of March which shalbe according to the English accompt in the yeare of our Lord God 1G70 provided alsoe that noe order or Lawes made or to be made by virtue of this our Authority shalbe in force as Lawes for any longer tearme then one yeare and a halfe within one yeare of which time they shalbe transmitted and presented to us for our assent which being given they shalbe in continewall force till expired by there owne limita- tion or by act repealed to be confirmed as aforesaid Provided alsoe that the executive parte of all the said powers hereby given shalbe made and exercised by you our said Governor by or with the advice and con- sent of the Major parte of our Couucell, and if it shall happen that our said Governor or any of our said Councell shall departe or be absent any time from our said County and tract of ground aforesaid unless other provision be by us made that then it shall and may be LawfuU to and for our said Governor and Councell or the Major parte of them resident in our said County and tract of ground aforesaid to nominate elect and appoint any such able person or persons as in there Discretion to them COLONIAL RECOEDS. 97 shall seeme nio.st fitt to serve in uiid supply the place of sueh oftlie said persons resjjeetively during there absence from our said County and tract of ground aforesaid Giveing and granting nnto him or them soe chosen during the absence of our saaid Governor or Councellors as full large and ample powers as we by these presents to our said Governor or Councillors have given any thing in this present Coraission in any wise to the contrary notwithstanding And also in case of deatli of any Gover- nor or death or removall of any member of our said Couneell from time to time to nominate and elect fitt and able persons in there steads or places respectively which persons so nominated and choasen shall exercise all powers to there said offices respectively belonging till our pleasure be sio-nified to the Contrary. [B. P. R. O. Col: Ent : Book. No. 20. p. 18.] Edward Earle of Clarendon Lord High Chancellor of England, George Duke of Albemarle &c. The trew and absolute Lords Propryators of the Province of Carolina. To our trusty and well beloved Sir J(ihn Yeamans Bart : Greeting ; Wee doe hereby constitute and appoint you (during our pleasure) Gov- ernor of our County of C-larendon neare Cape Faire and of all that tract of ground which lyeth southerly as farr as the River 8' Mathias which bordereth upon the coast of Florida witliin .31. degrees northerne latti- tude and soe west as farr as the south Seas as alsoe all Islands and Islets Rivers and Seas within the said bounds and our said Province of Caro- lina. With power to nominate appoynt and take to you 12. able men at most, 6. at least to be of yoiu' C/Ouncell or assistance or any eaven num- ber between 6. and 12. unless we have before made choyce of or shall chuse all or any of them. And we doe further constitute and appoint you to be our Lieutenant Generall (during our pleasure) of the County and tract of ground above mentioned and of all our forces raysed and to be raysed within ovu" said County and tract of ground aforesaid for the security of the same and the parts adjasent within our said Province, over which forces you are to place Officers and to cause them to be duely exercised in Amies and to doe all and every other thing or things which inito the Charge and Office of a Lieutenant Generall of our Army belongeth or hath accustomed to 9 98 COLONIAL EECORDS. belonge, as fully and freely as any Lieutenant Generall hath eaver had the same commanding all infearyor officers and soldiers of our said Armyes you to obey as there Lieutenant Generall according to this our Comission and the powers thereby giveirunto you, and according to the Ijaws and dissipline of warr, and you yourselfe alsoe are to observe and follow such orders and directions as from time to time you shall receave from us and in all things to governe yourselfe as unto your duty and place of a Lieutenant Generall of an Army and Governor of our said County and tract of ground aforesaid doth appertayne and belonge. Given under our Greate Scale of our said Province this ll"" January An: D: 1664. [B. P. R. O. Col: Ent: Book. No. 20. p. 21.] CocKPiTT this 11"" January 1664-5. Gentlemen, We have receaved your letter of the 29*'' of August and 8"" of October by Major William Yeamans who hath made knowne your desii'es touch- ing your settlement and planting in our Province of Carolina, as alsoe his power from you to treate and conclude with us conoerneing the same in which we assure you ho hath beene very carefull of your advantage and interest and by his injenuity hath pi'evayled with us to consent to more, then severall people would have accepted from us, of which we doe noe wayse repent considering your forwardness to setle neare Cape Faire before you had an assurance of any conditions from us, and your resolu- tion to make another setlement to the south^vard or ^\'est^^'ard of Cape Romania which ^^'e much desire out of respect to the Nations and your Interest which will thereby i-eceave severall advantages which we hope wilbe a motive to press you viggorously forward to that worke, we have done our parte in order there unto, as will appear by our Concessions or Agreement whicli your Agent Major William Yeamans on your behalfes, to whome and to our Ingagement under our hands and scale, we refer you. Pleas to be confident that there is nothing that may be fitt for us to graunt more, or to olitayne for you from his Ma,jestie but that we shall doe the one and indeavour to procure the either, as soone as we understand that you have begunn the southermost setlement : \\'ishing you good suc- cess & prosperity in your luidertakings, we rest Your verv loveing freinds. COLONIAL RECORDS. 99 [B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 4.] Honerd S"' I understand by M"' Druniraond and INP C'arterett that you and the rest of the Right Honorable the Lords Proprietors of the Province of Carolina have appointed me to be Surveyor for your Countie of Albe- marle Wherein ("Pray be pleased to assure your Lordships") I will en- deavour to serve you faithfully, and to the uttermost of my Power pro- mote your Interest. And th(jugh I know it befitts not me to dispute your eomands but rather to operate them Cceca Obedientia yet (by your Honors permission) I cannot omit to performe another part of my dutie (so I am though unworthy) one of the counsell here to give you my opinion concerning some passages in the Instructions your Honore sent us. First for the lK)unds of the Countie of Albemarle fortie miles square \vill not comprehend the Inhabitants there already seated. And sixteen hundred square miles may be laid out by runing only on the Verges of the Rivers and Creekes where generally men seat and where (for the m«(st part) the plantable land lies so disadvantagious to your Honores Inter- est, and the Inhabitants Welfare ; that no reasonable line of communica- tion will be able to unite them either for defence or Traffiek. So that I conceive it will be most comodious to bound this Governmt. On the south side with the North end of Croatan Island Thence west to Morat- tuck, Including all the Branches thereof, Thence North as far as your Patent extends Then East to the Sea; And to prohibit all Persons for some time from seating beyond there bounds as also not yet to seat up Morattuck : Which bounds thtjugh they are greater than your Honors Instructions allow for Albemarle countie yet are they not more than will consist well with one Governmt. It being (in my opinion) very incon- venient to erect divers Governments to have Passage through one-an- others Territories or Inletts : as Maryland having no Inlet foi' shipping but through the Capes of Virginia. May (if any difference shall hap- pen between those two Governments) in a high measure feel the Incon- venience And the Inhabitants of all the streams or rivers within this Government must be supplyed with Commodities from such Vessells as shall arrive through Roanokea Inlett ^\•hich for ouglat we can perceive must always be of very small burthen, for although Capt Whittles ves- sell this winter at her coming in found iifteeue feete water, yet her going out she had but eleaven feete and though she drew not eight fbote water, struck twice or thrice notwithstanding they had Beatoned the Chanell and went out in the best of it, at full sea; so uncertaine are all those In- 100 COLONIAL RECORDS. letfa. Tliere is anutiier liilett at ^\'ucucoc•k or ^^'ucoeon which hereafter may serve for an other Government betweene tliis and Cape Feare, if to your Honore it shall seem Convenient. Next the Proi^ortione of Land yon have allotted with the Rent, and conditione are by most People not well resented and the very Rumor of them dis-com-ages many who had intentions to have removed from Vir- ginia hether : ^Miilst my Lord Baltamore allowed to every Persons im- ported but tiftie acres ; Maryland for many yeares had scarce fiftie fami- lies, though there Rent was rather easier then in Virginia ; but when he allotted one hundred Acres for a Person, it soone began to People, and when he found them Iwgiii to increase, he brought it to fiftie a head againe St) if your Lordships please to give large Incouragement for some time till the country be more fully Peopled, your Honore may contract for the future upon what condition you please But for the Present, To thcnke that any men will remove from Virginia upon harder Conditione then they can live there will prove (I feare) a value Imagination, It bein Land only that they come for. I shall give you S"' Francis Bacons owue words in his Essay of Plan- tation "Planting of Counties is like planting of Woods, for you must make account to loose almost Twenty yeares Profitt and expect vour recom- pense in the end : for the Principall thing that hath bin the destruction of most Plantations hath bin the hastee drawing of Profit in tlie first yeares." And it is my Opinion, (which I submitt to better Judgements) that it will for some time conduce more to your Lordshipe Profit to permit men to take up what tracts of Land they please at an easie rate, then to stint them to small proportions at a great rent. Provided it be according to the custome of Virginia which is fifty Pole by the river side, and one mile into the woods for every hundred acres ; there being no man that will have any great desire to pay Rent (though l)ut a farthing an acre) for more land than he hopes to gaine by. Rich men (which Albemarle stands in much need of) may perhaps take up great Tracts; but then they will endeavour to procure Tenants to helpe towards the payment of their Rent, and will at their owne charge build howseing (which poore men cannot compasse) to invite tliem : Besides to have some men of greater possessions in Land then others, will conduce more to the well being and good Governement of the Place than any Levelling Paritie To reduce Planters into Townes, is here almost impossible; when the country is Peopled and coiiierce increased it may more easily be effected, by appoynt- ing Ports and Marketts whether not onlv Merchants but all Tradesmen and COLONIAL RECORDS. 101 Artificers will resort for habitation, and in short time lay the foundation to supersti'uctures of Townes and Citties; Alwayes Provided there be a course taken for procin-ing a (>oine with out which no Towne nor Markitt can well subsist: And this can no way be effected but by the l)allance of Trade; And therefore I doe most highly applaude your Lordshipe de- signe of making Wine in this Counti'y : for I am confident that if the value of the drinke only within Twenty yeares past brought into Vir- ginia had been Imported in Silver; Vii'ginia would have had more money for the number of her English Inhabitants then most if not the most opulent eountrys have in Europe. But S'' I begin now to go be- yond my last If my zeale to this Place (which I have many years endeav- oured and encouraged to seate) transports me to this kind of building Castles in the Aire, I hope your Goodnesse will be pleased to excuse me since I perceive there are some well willers to this Place in England doe the like: I shall therefore conclude with this humble recpiest that you will be pleased to entertain thes Truth for a jNIaxim Those that live upon a Place are l)est able to Judge of that Place Therefore the Petition of the Generall Assemblie that was here convened will diserve your Honors serious consideration; of which with theire other proceedings likewise, I doubt not but our Noble Governor will give you a true Accompt, he being by the Assembly there\v'ith intrusted And if in any thing (besides the Publique) I can serve your Perticular Inter- est Ck)mmand Your most faithfull and most humble servant THO: WOODWARD I make no question but M'' Carteret our Secretary will answer all your expectations for I assure you he is Diligent ; and the Spanish Proverb tells us. Que la buena Diligencia, es la 3Iadce de la Buena Ventura. Albemarle Counties June 2°* 1665. (Endorsed) To the Honorable SIR JOHN COLLATON neere St Jameses London these present T WOODWARD to SIR JOHN COLLETON 2-^ June 65 102 COLONIAL RECORDS. [Reprinted from Revised Statutes of North Carolina, Vol. II, Page l.j THE SECOND CHARTER GRANTED BY KING CHARLES THE SECOND, TO THE PROPRIETORS OF CARO- LINA, DATED THE THIRTIETH DAY OF JUNE, IN THE SEVENTEENTH YEAR OF HIS REIGN, A. D., 1665. Chaei.es the second, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. Whereas, by onr let- ters patent, bearing date the twentyfoiirth day of March, in the fifteenth year of onr reign, we were gracionsly pleased to grant nnto onr right trusty and right well-beloved cousin and counsellor Edward Earl of Clarendon, our high chancellor of England ; our right trusty and entirely belo\'ed cousin and counsellor George Duke of Albemarle, master of our horse; our right ti'usty and well-beloved AMlliam now Earl of Craven ; our right trusty and well-beloved counsellor John Lord Berkeley ; our right trusty and well-beloved counsellor Anthony Lord Ashley, chancellor of our exchequer ; our right trusty and well-beloved counsellor Sir George Car- teret, knight and baronet, vice-chancellor of our household; our right trusty and well-beloved Sir John Colleton, knight and baronet ; and Sir William Berkeley, knight ; all that province, territory, or tract of ground, called Carolina, situate, lying and being within our dominions of Amer- ica; extending from the north end of the island called Luke Island, which lieth in the southern Virginia seas, and within thirtysix degrees of north latitude ; and to the west, as far as the south seas ; and so respect- ively as for as the river of Matthias, which bordereth upon the coast of Florida, and within thirtyone degrees of northern latitude; and so west, in a direct line, as far as the south seas aforesaid. Now know ye. That we, at the lunnble request of the said grantees, in the aforesaid letters patent named, and as a fni'ther mark of our especial fevour to them, we are graciously pleased to enlai-ge our said grant unto them, according to the bounds and limits hereafter specified, and in favour to the pious and noble purpose of tlie said Edward Earl of C'lar- endon, George Duke of Albemarle, William Earl of Craven, John Ijord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir AVilliam Berkeley, their heirs and assigns, all that province, ter- ritory or tract of land, situate, lying and being within our dominions of Amei'ica aforesaid ; extending north and eastward, as far as the nortli end COLONIAL RECORDS. 103 of Currituck river or inlet, upon a strait westerly line to Wyonoak creek, which lies within or about the degrees of thirtysix and thirty minutes, northern latitude; and so west, in a direct line, as tar as the south seas; and south and westward, as far as the degrees of twentynine, inclusive, of northern latitude ; and so west, in a direct line, as far as the south seas; together with all and singular the ports, harbours, bays, rivers and inlets, belonging unto the province or territory aforesaid ; and also, all the soils, lands, fields, woods, mountains, terms, lakes, rivers, bays and islets, situate or being within the bounds or limits last before mentioned ; with the fishings of all sorts of fish, whales, sturgeons, and all other royal fish in the sea, bays, islets and rivers, within the premises, and the fish, therein taken, together with the royalty of the sea upon the coast within the limits aforesaid ; and moreover all veins, mines and quarries, as well discovered as not discovered, of gold, silver, gems and precious stones, metal, or any other thing, found, or to be found, within the province, territory, islets and limits aforesaid ; and furthermore, the patronage and advowsons of all the churches and chapels, which, as Christian religion shall increase within the province, territory, isles and limits aforesaid, shall happen hereafter to be erected ; together with license and power to build and found churches, chapels and oratories, in convenient and fit places, within the said bounds and limits ; and to cause them to be dedi- cated and consecrated, according to the ecclesiastical laws of our kingdom of England ; together will all and singular the like and as ample rights, jurisdictions, privileges, prerogatives, royalties, liberties, immunities, and franchises of what kind soever, within the territory, isles, islets and lim- its aforesaid : to have, hold, use, exercise, and enjoy the same, as amply, fully and in as ample maimer, as any Bishop of Durham, in dur king- dom of England, ever heretofore had, held, used, or enjoyed, or of right ought or could have, use, or enjoy : and them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, we do, by these presents, for us, our heii's and successors, make, create, and consti- tute, the true and absolute lonls and proprietors of the said ])rovince or territory, and of all other the j)remises ; saving always the faith, allegi- ance, and sovereign dominion, due to us, our heirs and successors, for the same; to hold, possess, and enjoy the said province, territory, islets, and all and singular other the premises, to them the said Edward Earl of Clarendon, George Duke of Albemarle, Williani Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John 104 COLONIAL RECORDS. Colleton, and Sir William Bei'keley, their heirs and assiojns forever ; to be holden of us, our heirs and succsssors, as of our manor of East Green- wich, in Kent, in free and common socage, and not in capite, or by knight's service : yielding and paying, yearly, to us, our heirs and suc- cessors, for the same, the fourth part of all gold and silver ore, which, within the limits hereby granted, shall, from time to time, happen to be found, over and besides the yearly rent of twenty marks, and the fourth part of the gold and silver ore, in and by the said written letters patent reserved and payable. And that the province or tei-ritory hereby granted and described, may be dignified with as large tythes and privileges, as any other parts of our dominions and territories in that region: Know ye, That we, of our fur- ther grace, certain knowledge, and mere motion, have thought fit to annex the same tract of ground or territory unto the same province of Carolina ; and out of the fulness of our royal power and prerogative, we do, for us, our heirs and successors, annex and unite tlie same to the said province of Carolina. And forasmuch as we have made and ordained the aforesaid Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, the true loi'ds and proprietors of all the province or territory aforesaid; KnoNV ye therefore moreover. That we, reposing especial trust and confi- dence in their fidelity, wisdom, justice, and pnjvident circumspection, for us, oiu- heirs and successors, do grant full and absolute po\\-er, liy virtue of these pi'esents, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, for the good and happy gov- ernment of the said whole province or territory, full power and authority, to erect, constitute, and make several counties, baronies, and colonies, of and within the said provinces, territories, lands, and hereditaments, in and by the said letters patent, granted, or mentioned to be granted, as aforesaid, with several and distinct jurisdictions, powers, liberties, and privileges : and also, to ordain, make, and enact, and under their seals, to publish any laws and constitutions whatsoever, either appertaining to the jDublic state of the whole province or territory, or of any distinct or par- ticular county, barony, or colony, or of or within the same, or to the private utility of particular persons, acccording to their best directions, by and with the advice, assent and approbation, of the freemen of the COLONIAL RECK)UI).S. 105 said province or territory, or of the freemen of the county, barony, or colony, for which such law or con8titution shall be made, or the greater part of them, or of their delegates? or deputies, whom, for enacting of the said laws, when, and as often as need shall require, we will, that the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony I^ord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs or assigns, shall, from time to time, assendjle in such manner and form as to them sliall seem best ; and the same laws duly to execute, upon all people within the said province or territory, county, barony, or colony, or the limits thereof, for the time being, which shall be constituted, under the power and government of them or any of them, either sailing towards the said province, or territory of Carolina, or returning from thence to- wards England, or any other of our or foreign dominions, by imposition of penalties, imprisonment, or any other punishment ; yea, if it shall be needful, and the quality of the offence require it, by taking away member and life, either by them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs or by them, or their deputies, lieuten- ants, judges, justices, magistrates, or otScers, whatsoever, as well within the said province, as at sea, in such manner and form as unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Ijord Ashley, Sir George Carteret, Sir John Colleton, and Sir ^\"illiam Berkeley, and their heirs, shall seem most convenient : and also, to remit, release, pardon, and abol- ish, whether before judgment or after, all crimes and oifences whatsoever against the said laws; and to do all and every thing and things, which, unto the complete establishment of justice, unto courts, sessions, and forms of judicature, and manners of proceeding therein, do belong, although in these presents express mention is not made thereof; and by judges to him or them delegated, to award process, hold pleas, and determine, in all the said courts and places of judicature, all actions, suits, and causes whatso- ever, a« well criminal as civil, real, mixt, personal, or of any other kind or nature wiiatsoever: which laws so as aforesaid to he published, our pleasure is, and we do enjoin, require, and command, shall be absolutely firm and available in law ; and that all the liege people of us, our heirs and successors, within the said province or territory, do observe and keep the same inviolably in those parts, so far as they concern them, under the pains and penalties therein expressed, or to be expressed : Provided nev- 10 106 COLONIAL RECORDS. ertheless, That the said laws be consonant to reason, and as near as may be conveniently, agreeable to the laws and customs of this our realm of England. And because such assemblies of freeholders cannot be so suddenly called as there may be occasion to require the same, we do therefore, by these presents, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, A\^illiam Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, by themselves, or their magistrates, in that behalf lawfully authorised, full power and authority, from time to time, to make and ordain fit and wholesome orders and ordinances within the province or territory aforesaid, or any county, barony, or province, within the same, to be kept and ol)served, as well for the keeping of the peace, as for the better government of the people there abiding, and to publish the same to all whom it may concern : which ordinances we do, by these presents, straitly charge and command to be inviolably observed within the same province, counties, territories, baronies and provinces, under the penalties therein expressed ; so as such ordinances be reasonable, and not repugnant or contrary, but as near as may be, agreeable to the laws and statutes of this our kingdom of Eng- land ; and so as the same ordinances do not extend to the binding, charg- ing, or taking away the right or interest of any person or persons, in their freehold, goods, or chattels, whatsoever. And to the end the said province or territory may be the more happily increased, by the multitude of people resorting thither, and may likewise be the more strongly defended from the incursions of savages, and other enemies, pirates and robbers ; therefore, Ave, for us, our heirs and succes- sors, do give and grant, by these presents, full power, license and liberty, unto all the liege people of us, our heji's and successors, in our kingdom of England, and elsewhere, within any other our dominions, islands, colonies, or plantations, (excepting those who shall be especially forbidden) to trans- port themselves and families into the said province or territory, with convenient shipping and fitting provision ; and there to settle themselves, dwell, and inhabit : any law, act, statute, ordinance, or other thing, to the contrary, notwithstanding. And we will also, and of our especial grace, for us, our heirs and suc- cessors, do straitly enjoin, ordain, constitute, and command, that the said province and territoiy shall be of our allegiance; and that all and sing- ular the subjects and liege people of us, our heirs and successors, trans- ported or to be transported into the said province, and the children of COLONIAL RECORDS. 107 tlieni, and such as shall descend from them there born, or hereafter to be born, be, and shall be denizens and lieges of us, our heirs and successors, of this our kingdom of England, and be in all things, held, treated and reputed, as the liege, faithful people of us, our heirs and successors, born within this our said kingdom, or any other of our dominions; and may inherit or otherwise purcliase and receive, take, hold, buy and possess, any lands, tenements, or hei'editaments, within the said jjlaces, and them may occupy and enjoy, sell, alien, and bequeath ; as likewise, all liberties, franchises, and privileges, of this our kingdom, and of other our domin- ions aforesaid, may freely and quietly have, possess, and enjoy, as our liege peojjle, born within the same, without tlie molestation, vexation, trouble, or grievance, of us, our heirs and successors : any act, statute, ordinance, or provision, to the contrary notwithstanding. And furthermore, that our snbjects of this our said kingdom of Eng- land, and other our dominions, may be the rather encouraged to under- take this expedition, witli ready and cheerful means ; Know ye, that we of our especial grace, certain knowledge, and mere motion, do give and grant, by virtue of these presents, as well to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, §ind Sir William Berkeley, and their heirs, as unto all others as shall, from time to time, repair unto the said province or territory, with a purpose to inhabit there, or to trade with the natives thereof; full liberty and license, to lade and freight, in every port whatsoever, of us, our heirs and successors, and into the said province of Carolina, by them, their servants and assigns, to transport all and singular their goods, wai'es and merchandises ; as likewise all sorts of grain whatsoever, and any other thing whatsoever, necessary for their food and clothing, not prohijjited by the laws and statutes of our kingdom and dominions, to be carried out of the same, without any let or molestation of us, our heirs and successors, or of any other our officers or ministers whatsoever ; saving also unto us, our heirs and successors, the customs, and other duties and payments, due for the said wares and merchandises, according to the several rates of the places from whence the same shall be trans- ported. We will also, and by these presents, for us, our heirs and successors, do give and grant license by this our charter, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Antliony Lord Ashley, Sir Ceorge Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns. 108 COLONIAL RECORDS. auJ to all the iiiliuljltuiic.^ ami »K\eller.- in tlif pro\ ince or territory afore- said, botli present and to eome, full power and absolute anthoritv, to im- port or unlade, by themselves or their servants, factors, or assigns, all merchandises and goods whatsoever that shall arise of the fruits and com- modities of the said province or territory, either by land or sea, into any the ports of us, our heirs and successors, in our kingdom of England, Scotland, or Ireland, or otherwise to dispose of the said goods in the said ports; and, if need be, M'ithin one year next after the unlading, to lade the said merchandises and goods again into the same or other ships; and to export the same into any other countries, either of our dominions or foreign, lieing in amity with us, our heirs and successors, so as they pay such customs, subsidies and other duties, for the same, to us, our heirs and successois, as the I'est of our subjects of this our kingdom, for the time being, sliall be bound to pay; beyond which, we will not, that the inhabitants of the said province or tcrritt)ry shall he any ways charged : Provided, nercrtJielcss, and our will and pleasure is, and we have further, for the considerations aforesaid, of our especial grace, certain knowledge, and mere motion, given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir Jolin Colleton, and Sir William Berkeley, tlieir heirs and assigns, full and fi-ee license, power and authority, at any time or times, from and after the feast of St. Michael the Archangel, which shall be in the year of our Lord Christ one thousand six hundred and sixty-seven, as well to im- port and bring into any of our dominions, from the said province of Carolina, or any part thereof, the several goods hereinafter mentioned ; that is to say, silks, wines, raisins, capers, wax, almonds, oil, olives, with- out paying or answering to us, our heirs and successors, any custom, im- post, or other duty, for or in respect thereof, for and during the term and space of seven years, to commence and be accounted from and after the importation of four tons of any of tlie said goods, in any one bottom, ship or vessel, from the said province or territory, into any of our do- minions ; as also, to export and carry out of any of oin- dominions, into the said province or territory, custom free, all sorts of tools which shall be useful or necessary for the planters there, in the accommodation and im- provement of" the jiremises : any thing before in these jjresents contained, or any law, act, statute, prohiljition, or other matter or thing, heretofore had, made, enacted, or provided, in any wise notwithstanding. COLONIAL RECORDS. 109 And furthermore, of our more ample and especial grace, certain knowl- edge, and mere motion, we do, for us, our heirs and successors, grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of C'raven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, fidl and absolute power and authority, to make, erect, and consti- tute, within the said province or territory, and the isles and islets afore- said, such and so many sea-ports, harbors, creeks, and other places, for discharge and unlading of goods and merchandises, out of ships, boats and other vessels, and for lading of them, in such and so many places, with such jurisdictions, and privileges and franchises, unto the said ports be- longing, as to them shall seem most expedient, and that all and singular the ships, boats and other vessels, which shall come for merchandises and trade into the said province or territf)ry, or shall depart out of the same, shall be laden and unladen at such ports only as shall be erected and con- stituted by the said Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- ley, their heirs and assigns, and not elsewhere : any use, custom, or thing, to the contrary notwithstanding. And we do further will, ai)point, and ordain, and by these presents, for us, our heirs, and successors, do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, that they the said Edward Earl of Clarendon, George Duke of Albemarle, Wil- liam Earl of Craven, John I^ord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, may, from time to time, forever, have and enjoy the customs and subsidies, in the ports, harbors, creeks, and other places within the province aforesaid, payable for the goods, wares and merchandises there laded, or to be Jaded or unladed ; the said customs to be reasonably assessed, upon any occasion, by themselves, and by and with the consent of the free people, or the greater part of them, as aforesaid; to whom we give power, by these presents, for us, our heirs and successors, upon just cause, and in due proportion, to assess and impose the same. And further, of our especial grace, certain knowledge, and mere motion, we have given, gi-anted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm, unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, no COLONIAL RECORDS. John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, full and absolute j^ower, license and authority, that tliey, the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir Jolin Colleton, and Sir William Berkeley, their heirs and assigns, from time to time hereafter, forever, at his and tlieir will and pleasure, may assign, alien, grant, demise, or enfeoff, the premises, or any part or parcel thereof, to him or them that shall be willing to purchase the same, and to such person and persons as they shall think fit; to have and to hold to them, the said person or persons, their heirs and assigns, in fee simple, or in fee-tail, or for term of life or lives, or years; to be held of them the said Edwaixl Earl of Clarendon, George Duke of Albemarle, Wil- liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, by such rents, services and customs as shall seem fit to them the said Edward Earl of Clarendon, George Duke of Albemarle, Wil- liam Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, and not of us our lieirs and successors: and to the same person and persons, and to all and every of them, we do give and grant, by these presents, for us, our heirs and successors, license, authority and pt)wer, that such person or persons may have and take the premises, or any part thereof, of the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, and the same to hold to themselves, their heirs and assigns, in what estate of inheritance soever, in fee-simple, or fee-tail or otherwise, as to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, shall seem expedient ; the statute in the parliament of Edward, son of King Henry, heretofore King of England, our pi-edecessor, commonly called tlie statute of quia emptores.terrnrum, or any other statute, act, ordinance, use, law, custom, or any other matter, cause or thing, heretofore published or provided to the contrary, in any-wise notwithstanding. And because many persons, born and inhabiting in the said province, for their deserts and services, may expect and be capable of marks of honor and favor, which, in res})ect of tlie great distance, cannot be con- COLONIAL RECORDS. Ill veniently conferred by us; our will and pleasure therefore is, and we do by these presents, give and grant unto the said Edward Earl oi' Claren- don, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, full power and authority, to give and confer unto and upon such of the inhabitants of the said province or territory, as they shall think do or shall merit the same, such marks of favor and titles of honor, as they shall think fit; so as their titles or honors be not the same as are enjoyed by or conferred upon any of the subjects of this our kingdom of England. And further also, we do, by these presents, for us, our heirs, and suc- cessors, give and grant license to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, and their heirs and assigns, full power, liberty and license, to erect, raise and build, within the said province and places aforesaid, or any pai't or parts thereof, such and so many forts, fortresses, castles, cities, boroughs, towns, villages, and other fortifications whatso- ever; and the same, or any of them, to fortify and furnish with ordnance, powder, shot, armour, and all other weapons, ammuni- tion, and habiliments of war, both defensive and oifensive, as shall be thought fit and convenient, for the safety and welfare of the said province and places or any part thereof; and the same or any of them, from time to time, as occasion shall require, to dismantle, disfurnish, demolish and pull down : and also to place, constitute and appoint, in or over all or any of the said castles, forts, fortifications, cities, towns, and places aforesaid, governors, deputy-governors, magis- trates, sheriffs, and other officers, civil and military, as to them shall seem meet ; and to the said cities, boroughs, towns, villages, or any other place or places, within the said province or territory, to grant letters or charters of incorporation, with all liberties, franchises, and privileges, requisite or usual, or to or within this our kingdom of England granted or belong- ing ; and in the same cities, boroughs, towns, and other places, to consti- tute, erect and appoint such and so many markets, marts, and fairs, as shall, in that behalf, be thought fit and necessary : and further also, to erect and make in the province or territory aforesaid, or any part thereof, so many manors, with such seignories as to them shall seem meet and convenient ; and in every of the same manors to have and to hold a court- l)aron, with all things whatsoever which to a court-baron do belong , and to have and to hold views of frank-pledge and court-lects, for the conser- 112 COLONIAL RECOliDS. vation of the peace and better government of those parts, with such limits, jurisdictions and precincts, as by the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, or their heirs shall he appointed for that purpose, with all things \\'hatsoever which to a court-leet, or view of frank-pledge, do belong ; the same courts to be holden by stewards, to be deputed and author] set 1 by the said Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- ley, or their heirs, by the lords of the manors and leets, for the time be- ing, when the same shall be erected. And because that in so remote a country, and situate among so many barbarous nations, the invasions of sas'ages and other enemies, pirates and robbei-s, may probably be feared ; therefore, we have given, and for us, our heirs and successors, do give power by these presents, unto the said Edward P]arl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Car- teret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, by themselves, or their captains, or other officers, to levy, muster and train up all sorts of men, of ^\ hat condition soever, or wheresoever born, whether in the said jirovince, or elsewhere, for the time being ; 'and to make war, and pursue the enemies aforesaid, as well by sea, a-s by land ; yea, even witliout the limits of the said province, and, by God's assistance, to van- quish and take them ; and being taken, to put them to death, by the law of war, and to save them at their pleasure, and to do all and every other thing, Avhich to the charge and office of a captain-general of an army, hath had the same. Also, our will and pleasure is, and by this our charter, we do give and grant unto the said Edward Earl of Clarendon, George Duke of Albe- marle, William Earl of Ci'aven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berke- ley, their heirs and assigns', full power, liberty and authority, in case of rebellion, tumult, or sedition (if any should happen, whicli God forbid) either upon tiie land within the province aforesaid, or upon the main sea, in making a voyage thither, or returning from thence, by him and them- selves, their captains, deputies, or officers, to be authorised under his or their seals, for that purpose ; to whom also, for us, our heirs and succes- sors, we do give and grant, by these presents, full power and authority, to exercise martial lawagainst any mutinous and seditious persons of these COLONlAf; RECORDS. 11-3 parts; sufh as shall refuse to submit themselves to their ooverumeut, or shall refuse to serve in the war, or shall fly to the enemy, or forsake their colors or ensigns, or be loiterers, or stragglers, or otherwise offending against law, custom, or military discipline; as freely and in as ample manner and form, as any captain-general of an army, by virtue of his office, might or hath accustomed to use the same. And our further pleasure is, and by these presents, for us, our heirs and successors, we do grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Tjord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, and to the tenants and in- habitants of the said province or territory, both present and to come, and to every of them, that the said province or territory, and the tenants and inhabitants thereof, shall not, from henceforth, be held or reputed any member or part of any colony whatsoever in America, or else- where now transported or made, or hereafter to be transported or made; nor shall be depending on, or subject to their government in any thing, but be absolutely separated and divided from the same ; and our pleasure is, by these presents, that they be separated, and that thev be subject immediately to our crown of England, as de- pending thereof, forever : antl that the inhabitants of the said province or territory, nor any of them, shall, at any time hereafter, be compelled, or compellable, or be any ways subject or liable to appear or answer to any matter, suit, cause or plaint whatsoever, out of the province or terri- tory aforesaid, in any other of our islands, colonies, or dominions in America, or elsewhere, other than in our realm of England, and do- minions of Wales. And because it may happen that some of the jjcople and inhabitants of the said province cannot, in their private opinions, conforni to the public exercise of religion, according to the liturgy, forms and ceremo- nies of the church of England, or take and subscribe the oaths and arti- cles made and established in that behalf; and for that the same, by reason of the remote distances of those places, will, as we hope, be no breach of the unity and conformity established in this nation ; our will and pleas- ure therefore is, and we do, by these presents, for us, our heirs and successors, give and grant unto the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berke- ley, Anthony Lord Ashley, Sir George Carteret, Sir John CoUetcMi, and Sir William Berkeley, their heirs and assigns, full and free license, lib- erty and authority, by such ^\•ays and means as they shall think fit, to 11 114 COLONIAL RECORDS. give and grant unto such person and persons, inhabiting and being within the said province or territory, hereby, or by the said recited letters patent mentioned to be granted as aforesaid, or any part thereof, such indul- gences and dispensations, in that behalf, for and during such time and times, and with such limitations and restrictions, as they the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs or assigns, shall, in their discretion, think fit and reasonable : and that no person or persons unto whom such liberty shall be given, shall be any way molested, punished, disquieted, or called in question, for any differences in opinion, or practice in matters of religious concernments, who do not actually disturb the civil peace of the province, county or colony, that they shall make their abode in : but all and every such person and persons may, from time to time, and at all times, freely and quietly have and enjoy his and their judgments and consciences, in matters of religion, throughout all the said province or colony, they belia\'ing themselves peaceably, and not using this liberty to licentiousness, nor to the civil injury, or outward disturbance of others ; any law, statute or clause, contained or to be con- tained, usage or custom of our realm of England, to the contrary hereof, in any wise notwithstanding. And in case it shall happen, that any doubts or questions shall arise, concerning the true sense and understanding of any word, clause, or sen- tence contained in this our present charter; we will, ordain and command, that in all times, and in all things, such interpretations be made thereof, and allowed in all and every of our coiu-ts whatsoever, as lawfully may be adjudged most advantageous and favorable to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkeley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton, and Sir William Berkeley, their heirs and assigns, although express mention, &c. Witness ourself, at Westminster, the thirtieth day of June, in the seventeenth year of our reign. PER IPSUM REGEM. ^ COLONIAL RECORDS. 115 [B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 5.] ACC° Off Fees in passiui)- y" Charter and Duplicate of Carolina vizt For the King.s war"' and Seeretarv taking- noe fee 1.02.06 For M" Attorny Gen"" and his Clark's fees for drawing and Engroseing the Bill 17.17.06 For the Kings signeing the Bill and the Secretary takeing noe fee 1.02.06 For the fees of the Signett and the privy Scale £8 each 16.00.00 For fees to the M"' of the Pattent Office and for Vellum Ruleing painting and Ingraveing the Pattent for the Broad Seale and to the Clarks ^. 26.05.00 For Ld Chancellor pursebearer and his Clarke 1 .09.00 For Ld Chancellors servant 2.00.00 For Fees of the Hannap' Office 24.00.00 For Fees of the duplicate of the Pattent office and for the vellum and engraveing it and to the Clarkes 15.00.00 For Fees at the Haunaper Office 2.15.00 106.11.06 Fees pd in passing the last Pattent for Carolina July 1665 For the Kings war"*: and signeing the Bill the Secretary take- ing noe fee 4.00.00 For M'' Attorney gen'": and his Clarks fees for drawing and Engroseing the bill &c 11.05.00 For fees pd at the Signett Office and the Privie seale 17.06.08 For the Ld Chancellor pursebearer and Clarkes 1.04.00 For the Master of the Pattent Office for Vellum ruleing &c InpToseinsi- the Pattent and to the Clarks 16.15.06 For fees at the Hanai"" Office at Treitnara 20.07.08 For expenses there in attending the great Seale 0.03.06 71.02.04 (Endorsed.) Paid M' Attornev Generall &c 21:02:6 116 COLONIAL EECORDS. [B. P. R. O. Colonial Papers. Vol. 19. No. 101.] COMMISSION FOR GOV^ OF BARBADOES. ? ABT. AUGUST 1665. Charles &ca. To Our Trusty & Wellbeloved Henry Willoughby, William Wil- lougliby Esq"'^ & to Sir John Yeamans Bart, Greeting Whereas wee were graciously pleased by Our Letters Patents & corBis- sion under our Great Sealc of England beareing date the 12*'' day of June in the lo"" yeare of our Reigne to constitute and appoint our right Trusty and welbeloved Francis Lord Willoughby of Parham our Captaine Gen- erall and Commander in chiefe in & over all & every our Islands Colo- nyes & Plantations in America commonly called the Barbadoes & the rest of the Carribbee Islands and of all other our Islands Colonyes & Plantations lying between the degrees of Ten & Twenty North latitude & extending from the islands of St. John and Porto rico easterly to three hundred twenty & seaven degrees with severall powers priviledges au- thorityes & preheminencies therein specified & contained to have hold ex- ercise and enjoy to him the said Lord Willoughby from the feast of the birth of our Lord then last past for and dureing the space of seaven yeares next ensuing to be fully completed if the said Lord Willoughby should soe long live. No^^' know yee That Wee reposing especiall trust and confidence in the fidelity, courage prudence and good conduct of you the said Henry Willoughby S"" John Yeamans and .... have constituted & appointed & by these presents doe constitute & ap- point you the said Henry Willoughby Sir John Yeamans and . . and in the absence of you the said Henry Willoughby then you the said William \^'illoughby and you the said Sir John Yeamans & our Governor in chiefe in and over all om* Islands Colonyes & Plantacons aforesaid in the absence of him the said Lord Willoughby and noe longer with all and singular the powers authorityes priviledges & preheminencies by our said letters patents and Commission to the said Lord Willoughby granted or intended to be granted in as full and ample manner to all intents & purposes as he the said Lord Wil- loughby did or ought t(j have hold exercise & enjoy the same to have hold exercise & enjoy ft) them the said Henry Willoughby William Wil- loughby & Sir John Yeamans in manner & forme aforesaid for & dure- ing Our pleasure. Given &ca. COLONIAL RECORDS. 117 1666. [B. P. R. O. Colonial Entry Bk. No. 53. p. 113.] AN ACT FOR ENCOURAGEMENT OF TRADE. For as much as Tobacco is the only commodity by which this Province dotli at present subsist which by the unlimited freedome of all persons to plant what quantity's and at what tyme they please hath glutted all mar- ketts for divers yeares last past & for that reason is come to that low i"ate that were the times peaceable & trade open itt would not purchase neces- sarys for the planters & forasmuch as vast quantity's all ready made must needs ly upon the planters hand & perish upon his ace' if wee still con- tinue to plant tobacco as formerly for remedy whereof Be it enacted by Rt. Hon. the Lord Proprietor by & with the consent of the Upper and Lower House of this present (xenerall Assembly that from and after the first day of February which shall he in this present yeare 1666 [7] till the first of February which shall be in the yeare of our Lord one thousand six hundred and sixty sea yen n(je tobacco shall be sowen sett planted or any way tended within this Province of Maryland Provided that the Hon'''' Sir William Berkeley and the Assembly of Virginia and Wm. Drummond Governor of the Southward Plantations & the Assembly there doe make the like Acts in there severall & respective Assemblyes pro- hibiting the sowing setting planting or tending any tobacco in any place within their severall & respective jurisdiccons for the said yeare vizt from the first of February 1666 till the first of February 1667 And for the better & surer execucon of this Act and obte}n- ing the desired end viz* the encouragement of Merchants t(^ trade with us for our necessary apparell Bee it further enacted by tlie authority and with the assent aforesaid that the Hon'''" Philip Calvert Esq'' Henry Courson ICsq"" Col. Nathaniel Uty M"^ Tho. Notley M'' Rob- ert Sly and Major Thomas Brooke or any three or more of them be sent Comm" from the Governor sufficiently empowered to treate and conclude with the Hon'''' Sir William Berkeley and the Assembly in Virginia or \vith Comni"^ by the said Sir Wm. Berkeley and the Assembly aforesaid sufficiently from them to be empowered and «-ith the said William Drum- mond Esq"' or Comm''" from him & the Assembly of the Colony under his Goverm' sufficiently as aforesaid to be empowered upon a totall ces- sation from sowing setting ^jlanting or tending Tobacco in their three Colonies as aforesaid and of the meanes to see the said Treaty and Con- clusion for a cessacon put into full and certaine execucon. 118 COLONIAL RECORDS. And be itt further Enacted by the authority and assent aforesaid that whatsoever tlie said Philip Calvert Henry Coursey Natlianiell Utye Thomas Notley Robert Sly and Thos. Brooke or any three or more of them shall agree upon with the Commissioners to be impowered by the Hon'''^ Sir Wm. Berkeley Wm. Drummond Esq"^" & the respective Assemblyes tending only to the effectual cxccucon of tlie cessacon from planting tobacco in the yeare aforesaid sliall oblige all persons in this Province as fully as if the same had been particulerly distinctly and clearly in express words conteyned in this Act. Mem. The lawes above written past under the Great Scale of this Province the fourteenth day of June 1G6G. PHILIP CALVERT Chanc"^ [of Maryland.] [B. P. R. O. Shaftesbury Papers. Bm,E 48. No. 7.] THE PORT ROYAL DISCOVERY BEING THE RELATION OF A VOYAGE ON THE COAST OF THE PROVINCE OF CAROLINA FORMERLY CALLED FLORIDA IN THE CONTINENT OF THE NORTHERNE AMERICA FROM CHARLES RIVER NEERE CAPE FEARE IN THE COUNTY OF CLA- RENDON AND THE LAT. OF 34 DEG. TO PORT ROYAL IN THE LAT. OF 32. D. BEGUN 14* JUNE 1666. PERFORMED BY ROBERT SANFORD ESQ'' SECRETARY AND CHIEF REG- ISTER OF THE RIGHT H0N''''= THE LORDS PROPRIETORS OF THEIR COUNTY OF CLARENDON IN THE PROVINCE AFORES* &C. Fungor Officii^. Anno Domini 1666. To Right Hon*"'* Edward Earle of Clarendon Ivord High Chancellor of England George Duke of Albemarle Capt. Generall of all His Ma""' Forces in the Kingdomc of England, Scotland and Ireland and Ma.ster COLONIAL RECORDS. 11! of the, Horse Wm. Lord Craven John Ijord Berkley Anthony Lord Ashley Chancellor of the Exchequer Sir George C'arteret Vice Chamber- laine of his Ma''^' Household Sir Wni. Berkeley Knt and Sir John Col- leton Knt & Baronet the true and absolute Lords Proprietors of all the Province oi' Carolina Right Hon"'^ It is not presumption but duty which presents this Narrative howso- ever rude & imperfect to soe illustrious I had rather say a Constellacon than a Corporacou The matter related was ijerforuied under your auspices in your Country and by your Servant. It measures to you my Lords (as his foot did Hercules) the greatnes of yo'' Sovereigns Giuft and to the world the greatnes of your trust and favour with him It shewes you in prospective how lastinge a renowne you may adde to your already most glorious names how boundles a grandeur to your longest posterity None indeede but God and the Kinge can move your hearts to doe theis great things for yourselves and nation Yet that such a nation be effected may and shall bee the prayers of Right Hon'"* with all submission readines & fidelity Yo"^ Lordi'P' servant ROB. SANDFORD. THE PORT ROYALL DISCO^^ERY. The Right Hono"* the Lords Proprietors of the Province of Carolina in prosecncon of his sacred Ma"^ pious intencons of planting and civil- lizing there his doniin' and people of the Northerue America, w"'' Neigh- bour Southward on Virginia (by some called Florida (found out and dis- covered by S" Sebastian Cabott in the yeare 1497 at the charges of H : 7 : King of England co.) Constituted S"' John Yeamans Baronet their L' Generall with ample powers for placing a Colony in some of the Rivers to the Southward and Westward of Cape S' Romania who departing from the Island Barbadoes in Octob: 1665 in a Fly boate of about 150 Tonus accompanyed by a small Friggatt of his owne and a Sloope pur- chased by a Comon purse for the service jof the Colonyes after they had been seperated by a great storme att Sea (wherein the Friggatt lost all her Masts and himselfe had like to have foundred and were all brought together againe in the Ijeginning of November to an Anchor before the mouth of Charles River neere Cape Feare in the County of Clarendon, part of the same Province newly begunn to be peopled and within the 120 COLONIAL RECORDS. L' Gen"' Comission They were after blo-\vue from their Anchors hj a ■suddaine violent Gust, the Fly boate S"' John was in narrowly escapeing the dangerous shoales of the Cape. But tliis proved but a short differ- ence in their Fate, for returning with a favourable winde to a second viewe of the entrance into Charles River but destituted of all pilates (save their owne eyes (which the flattering Gale that conducted them did alsoe delude by covering the rough visage of their objected dangers with a thicke vaile of smoth waters) they stranded their vessell on the middle ground of the liarbours mouth to the Westward of the Channell where the Ebbe presently left her and the wind witli its owne multeplyed forces and the auxiliarvcs of the tide of flood beate her to peeces. The persons were all saved by the neighborhood of the shore but the greatest part of their provision of victualls clothes &c: and of the Magazine of Armcs powder and other Millitary furniture shipped by the Lords Proprietors for the defence of the designed settlement perished in the waters the L' Gen" purposed at first imediately to repaire his Friggatt which together ^vith the Sloope gate safely into the Ri^■er when the Fly boate was driven off) and to send her back to Barbadcjs for recruity whilst himself in person attended the issue of that discovery which I and some other Gentlemen offered to make Southwards in the Sloope, But when the great and g'rowing necessityes of the English Colony in Charles River (heightened by this disaster) begann clamourously to crave the use of the Sloope in a voyage to Virginia for their speedy reliefe, S"' John altered that his first resolution and permitting the sloope to goe to Virginia re- turned himself to Barbados in his Friggatt. Yett that the designe of the Southern Settlement might not wholy fall, Hee considered with the freighters of the sloope that in case she miscarryed in her Virginia voy- age they should hire Captain Edward Stanyons vessell (then in there harbour but bound for Barbados) to pertbrme the Discovery and left a comission with mee for the effecting it upon the returne of the Sloope or Stanion which should first happen. The sloope in her comeing home from Virginia loaden with victuall being ready by reason of her extreeme rottennes in her timbers to Sinke was driven on shoare by a storme in the night on Cape looke out (the next head land to the north and Eastward of Cape Feare and about 20 Le: distant her men all saved except two and with many difficulties brought by their boate through the great Sound into Albemarle River neere the Island Roanoake (within tliis same Province of Carolina, to the English Plantation there — COLONIAL RECX)RD8. 121 Captain Stanyon in returning from Barbados weakly maued and with- out any second to himselfo driven to and agen on the seas for many weekes by contrary winds and conquered with care, vexation and watching lost his reason, and after many wild extravagances leapt over board in a frenzye leaveing his small Company and vessell (to the much more quiet and constant though but little more knowing and prudent conduct of a child, who yett assisted by a miraculous providence after many wander- ings brought her safe to Charles River in Clarenden her desire port and haven. I had now a vessell to perlbrme my Southerne Expedition l)ut disfur- nished of a Master and none here skilled in navigation to be perswaded to the voyage, least therefore a worke so necessary to promote the settle- ment of this Province should be poorely left without an attempt, myselfe undertooke the office, though no better capacitated for it then a little i-eadiug in the Mathematicks had rendered race with the helpe of a fewe observations made whilst a passenger in some late sea voyages to divest their Tediiuu. On the l^**" June 1666 I entered on my charge neare six months after the date of my Coiuission (so long had theire various accidents detained mee) and on the 16"" I left Charles River sayling AVestward with a faire gale att East alongst that goodly and bold ])ay which on her tw(^ Capes Feare and Romania as on two homes procures all dangers of flatts and shoales from her owne more gentle bosome. To make her yett more sig- nall I named her Berkly Bay fi'om the Right Hon"' John Lord Berkly and Sir William Berkly two of her noble Lords Proprietors. I was accompanyed by Cap' George Cary L* Samuell Hardy L' Joseph Woory Ens : Henry Brayne Ens : Richard Abrahall and M" Tho : Giles and severall other Inhabitants of the County of Clarendon to the num- ber of 17 besides myselfe (and the shipps company (which alas were but two men and a boy) with me I tooke a small shalloope of some three tonns belonging to the Lords Proprietors and appointed by the Lieu' Generall for that service in which I placed Ens : Henry Brayne of some Experience in Sea matters and two other men) soe reserving eighteen of all sorts in the biggest vessell whose burden alsoe exceeds scarce fiveteene Tonns. The 19"^ in the night it being very cloudy and darke and hee att our helme unawares bringing our vessell a Stayes wee lost Company of our Shalloope The 22"' about 7 a clock in the morning wee made the land and a faire River to Leward of us (haveing beene driven out to sea by a Southwest winde from the 13 to the 21 when a strong easterly gale brought 12 122 COLONIAL RECORDS. us in with the Shoare againe wee boi'e up to the River and a great way- kept our depth of six and five fathum water without any sign of breakes att length it shoaled, and wee could plainly discerne a breach) in the Eas- terne board. The River when wee first made it bore N. W. by W of us and by this time wee had brought it to N. W b : N : being therefore come into two fath : water and judging ourselves on the breake of the visible Easterne shoalings wee steered more Westerly and jjresently deepened our Water to three fatham and soe upwards But the wind being at East and the water Ebbing, if wee had goune more Westerly wee could not have luf'd in wherefore I resolved (noe breath appearing all before mee) to runn in directly with the River which nowe bore N. N. W. and in stand- ing in that course one heeve of tlie lead wee had butt 11 foot water but the next was two fatham which depth and between tliat and two fathum and a half continued a great while and as wee apjtroched the Westerne point of the Entrance it deepened soe that close aboard the point wee found five and six fathum water and took upwards to nine fathum all the way in it was halfe Ebbe att least when wee entered, and I am very much perswaded that if wee had goune soe farre Westerly as till the River had borne Xorth or N. N. E. wee had found a much deeper Channell for though it blew a very fresh gale att East (which here is alongst shore and Somewhat upon the Westerne Coast, yett wee could not discerne any ap- pearance of Elatts att all to the Westward. Being come about foure or five miles within the River I anchored and a Canoa with two Indians came presently aboard mee and told mee that was the Country of Edistoh and that tlie cheife towne or seate of the Casique was within on the West- ern shoare somewhat lower downe towards the sea by which relation I guessed this to be the same River that some English in a former dis- covery mentioned -by the name of Grandy (if it be not rather the French Gironde) and only sawe of att sea but entered not That it might no longer remaine under an unceii:aine distinction I called it from that the name of my L' Harry Haven. It lyes about 32.'* .3." The markes to knowe it by as y^ same come from Sea are theise, The Xorth East side is a blufe land rounding from the River and stretching East into the Sea hence a ledge of breakers runn out South befiire the harbours mouth, on which wee borrowed when wee made such Shoale water in our Entrance, the Southwest side makes a sharpe lowe wet point bare of trees, a pretty way from the entrance West and then shews a hummocke or two of thicke shrubby trees from this point the Coast tends S. ^V. and then AA'. S. W. just within the entrance is a shewe of a faire Creeke on the Starboard side and another on the West or larbord side almost oposite from the COLONIAL RECORDS. 123 uper side of the East side Creeke a Marsh Island riming ont West and southerly almost crosse the River, edged to the seaward with a banke of oyster shells discernable a good way to sea as the same come from the Northward and perticularly meett with two lowe trees which in the offing and before the oyster banke is discovered seeme as vessells riding within the River. It flo^ys here East and West neere eight feete perjjendicnlar att spring tides the Woods on each side entring to us seemed to consist most of had oake, the land levell of an habitable heiglit generally with steepe redd banks here and there appearing over the marshes, on which in many places wee could see the feilds of Maiz greenly florishing. The next day being the 2o'''* June I went with my boate int(j a Creek on the East shoare opposite to where the vessell rode a very faire and deepe Creeke or River goeing North and Easterly to appearance a long M'ay being goune about a mile up I landed and according to my Instructions in presence of my company took a formall possession by turfe and twigg of that whole Country from the Lat : of 36 deg : North to 29** South and West to the South Seas by the name of the Province of Carolina For our Soveraine Lord Charles the Second King of England &c : his heires and successors and to the use of the Right Hon'''* Edward Earle of Clar- endon Geor: Duke of Albemarle, William Lord Craven, John Ijord Berkley Anthony Lord Ashley Sir George Carteret Sir William Berkley and Sir John Colleton their heires and Assignes according to the Letters Pattents of our Soveraigne Lord the King. I ranged a little on either side this Creek passed through Severall Feilds of Maiz or Indian Corn, and following the guidance of a small path was brought to some of the Indians Habitations, I found all the land that I passed over whether I went back or alongst the side of the Creeke a rich fatt soyle black mould on the topp and under mixed with a soft redd marie (which and a stiff clay) I after found the most generall foundation of all the laud noe swamp, noe sandy land on the outside of the W cods some single scattring Pine trees but of the sort which is called spruce. The rest and the Generallity of the timber being Oake, Maple, Ash, Walnutt Popler Bayes & the trees tall and streight but not very large growing closer together than I have scene in any other part of this Province The reason I guesse of their being so slender) They are for the most part a well seized building timber and some fewe wee sawe of oake and maple that would beare three or fowre foot over a very great burthen upon the ground and nuich of it of such groweths as wee know to be an excellent feetling for cattle and so thick and high that it made our trav- elling very tedious. The next day I went some miles u]) the maine Riyer 124 COLONIAL RECORDS. and finding a Creeke ultsoe on the Eu.^t ,-,idc Nvhicli opened some groves of Pine trees to our veiwe, I put in there purposely to see that sort of land and found this if any the Swamps of this Country for this Creeke carryed us into low broken Marshes and Islands of these Pine trees lying almost levell with the water Wee landed on some of them found them firme and dry (though severall dayes and. the very night before w^ee had store of raine) and with(jut any signes of haveing ever beene overflowed yett they are seemingly soe seated as that great store of raine and frequent must necessarily stand in them The Pines are all spruce the soyle a fatt black mould witli a scai'ce discernable mixture of sand foundee alsoe either on marie or clay as the other lands and bearing a very great bur- then and though on the outside Wee sawe onely pine trees yett being entred the ^^'ood wee found alsoe Oake and severall other timber trees of a very large seize Att a venture wee called those kind of lands pine swamps. But I esteeme them a very profitable tillable ground and some of my Company did after this see an Indian planted feild of this sort which they told mee bore as tall Maiz as any. We rowed along way up this Creeke and besides theise swamps sawe and ranged through very spacious tracts of rich Oake land and yett wee were not past the Oyster bankes and frequent heapes of shells nor the salt water, att my return downe the River T sent some a shoare to range on the West side who did constantly affirme that the lands tliere were of an equall excellency with the best of those wee had other-u'here viewed and that they beleived itt an impossible Injunction to be putt to march to the end of the tracts being therefore well satisfyed with the successe of our discovery hitherto I wayed and stood downe the River intending a short stay att the land- ing place neerest to the cheife seate of EdistoAve whither the Indian had intreated of mee that they might with the lesse trouble come aboard mee to trade. When wee were here a Captain of the Nation named Shadoo (one of them which Hilton had carryed to Barbados) was very earnest with some of our company to goe with him and lye a night at their Towne which hee told us was but a small distance thence I being equally desirous to knowe the forme manner and populousnesse of the place as alsoe what state the Casique held (fame in all theise things prefer- ring this place to all the rest of the Coast and fower of my Company (vizt) L* Harvey L' Woory M" Thomas Giles and M"" Henry Wood- ward forwardly oifring themselves to the service haveing alsoe some In- dians aboard mee who constantly resided tliere night & day I permitted them to goe with tliis Shadoo they returned to mee the next morning with great coincndatioiis of their Entertainment but esjjecially of the COLONIAL RECORDS. 125 goodnes of tlie land tlioy luarcht through and the delightfull scituation of the Towne, telling inoe withall that the Casslque himsselfe appeared not (pretending Some indisposition hnt that his state was supplyed by a Female who received them with gladnes and courtesey placeing my L' Harvey on tlie seat In- her, their relation gave myselfe a curiosity (they alsoe answering mee that it w;i.s not above foure miles oif ) to goe and see that Towne and takeing with mee Cap' George Cary and a file of men I marched thither ward followed by a long traine of Indians of whome some or other alwayes presented himselfe to carry mee on his shoulders over any the branches or Creeks or plashy corners of Marshes in our way. This walk though it tend to the Southward of the West antl con- sequently leads neere alongst the sea coast yett it opened to our view soe excellent a Country both for ^^'ood land and Meadowes as gave singular satisfaction to all my Company Wee crossed one Meadow of not lesse then a thousand Acres all firme good land and as rich a soyll as any clothed with a fine grasse not passing knee deep but very thick sett and fully adorned with yeallow flowers. A pasture not inferior to any I have seene in England the wood land were all of the same sort both for tim- ber and would wath the best of those wee had ranged otherwhere and without alteration or abatement from their goodnes all the way of our march Being entered the Towne wee were conducted into a large house of a circular forme (their generall house of State) right against the en- ti'ance was a high seate of sufficient breadth for halfe a dozen persons on which sate the Cassique himselfe (vouchsafeing mee that favour) with his wife on his right hand (shee ■nlio had received those whome I had sent the evening before) he was an old man of a large stature and bone. Round the house from each side the throne quite to the entrance were lower benches filled with the whole rabble of men women and children, in the center of this house is kept a constant fire mounted on a great heape of Ashes and surrounded with little lowe formes Captain Cary and myselfe were placed in the higher seate on each side the Cassique and presented with skinns accompanied with their ceremonyes of Welcome and friendshipp (by stroaking our shoulders with their palms and suck- ing in theire breath the whilst) the Towne is scituated on the side or rather in the skirts of a faire fbrrest in which att severall distances are divers fields of Maiz with many little houses straglingly amongst them for the habitations of the particular families. On the East side and part of the South It hath a large Prospect over Meadows very spatious and delightfull, l)efore the Doore of their Statehouse is a spacious walk rowed with trees on both sides tall ct full branched, not much unlike 126 COLONIAL RECORDS. to Elmes which serves for the Exercise and recreation of the men who by couples rnnn after a marble bowle troled out alternately by themselves with six foot staves in their hands which they tosse after the bowle in their race and according to the laying of their staves winn or k»ose the beeds they contend for an Exercise approvable enough in the winter, but some- what too violent (mee thought) for that season and noone time of the day, from this walk is another lesse aside from the round house for the chil- dren to Sport in. After a few howres stay I retorned to my vessell with a greate Troope of Indians att my heeles. The old Cassique himselfe in the number \\ho lay aboard mee that night \\ithout the society of any of his people some scores of which lay in bopthes of their owne imediate erection on the beach. — While I lay here I had perfectly understood that the River went through to another more Westerly and was passable for our vessell and alsoe that it was not much more than a tides worke through through. This increased my desire of pa.ssing this way especi- ally being perswaded that this next River was J(.)rdan (Hilton intimate- ing as much in his Journall and mapp) wherefore on the 27'^ of June with the help of the tide of flood (the wind being contrary) I turned upp the River soe haveing oportunity to tiy the whole channell which I found generally mid and between that and six fathum deepe and bold home to each shoare till wee were come about 10 miles from the harbours mouth where the River was contracted between the marshes yett here (except in one or two places where some flatts narrowed the passage) wee seldom founde lesse then five fathum water. The river being narrowe and variously winding noe gale would att any time serve us long soe that wee were forced for the most part to towe through and that often against the winde which proved very tedious nor could wee passe but by day, which with lying two tides a ground to stopp some I^eakes made it Sun- day morning the first of July before wee came into the next Westerly River, and by it into the Sea again. Though by the Travers I tooke of our course I found it performable with light boates in one tide of flood and an Ebbe. The passage is. generally betweene the River and Wood especially on the Island side on the East or Maine side of the Marsh is much narrower and in many places the river runns close under the banke of wood land which wee had the oportunity es to view and found it to continue its excellency without change or dimuntion, The Indians alsoe that inhabitt the Inner parts of it assuring us that it was all alike. The next Westerly River is a pretty faire river not lesse broad then Harvey Haven But its Channell more crooked narrow'd and Shallowe, the West side of itt (as wee found afterwards is but a necke of land haveing a COLONIAL RECORDS. 127 Creeke or two which seeme to goe through into the next River It is for the generallity th-owned marshes alsoe yett in some places the bank is high crowned here and there with small groves of wood, consisting of dry plantable land surrounded a good space with a firme meadowe or pasture Land and presenting most delectable Seates for Summer recesses. I did a little wonder to see the Sea and no appai'ent open passage first to the Westward as I expected (still imagining this to be the River Jordan) and ^^"hen I was come out of it into the sea and sawe none of those markes which Hilton had prefixed to Jordan I was in a great puz- zell to knowe where wee were gott. Nothing of the coast raakeing like those drafts which Hilton had given of itt, But the winde first dying into a calme and then againe blowing contrary with some ^Menaces of an evening storme I putt into the Ri\'er againe and being anchored went a shore on the east point of the Entrance where I found Shadoo (the Cap- tain of Edistow that had beeue with Hilton att Barbados) and severall other Indians come from the Towne by land to see for our comeing forth of whome I asked whether this wan the River which Hilton was in, they told mee noe butt itt was the next River, This assured mee that Jordan was yett further and that Hilton had noe knowledge of this River and see could not lay it doMiie I demanded the name of this River they told mee Edistowe still and pointed all to be Edistowe quite home to the side of Jordan, by M^iich I was instructed that tiie Indians assigne not